IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5597 of 2009 CRIME NO.201 OF 2009 OF THRIKKUINNAPUZHA POLICE STATION PETITIONERS: ACCUSED NOS.1&2: ------------------------------------ 1. BHASKARAN, MADHU BHAVANAM, RAMANCHERRY MURI, ARATTUPPUZHA, ALAPPUZHA DISTRICT. 2. THULASI, VADAKKEPARAMBIL HOUSE, PERUMPALLY, ARATTUPPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5597 OF 2009 ------------------------------------------------------ Dated this the 7th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.201 of 2009 of Thrikkunnappuzha Police Station. 2. The offence alleged against the petitioners is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 31.8.2009, the police party got information that the accused persons have kept for sale large quantity of arrack near the sea wall. The police party reached there. On seeing the police party, the accused persons abandoned the contraband and ran away. Though the police party followed them, the accused could not be caught hold of. They jumped into the back waters and escaped. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where the discretionary B.A. NO. 5597 OF 2009 :: 2 :: relief under Section 438 of the Code of Criminal Procedure can be granted in favour of the petitioners. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/