IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Bail Appl..No. 6471 of 2009() ----------------------------------- CR NO.127/2009 OF ADOOR EXCISE RANGE, PATHANAMTHITTA PETITIONER/ACCUSED: -------------------------------------- PRADEEP, S/O. ARJUNAN ACHARI, THANATHU VEETTIL, POOTHAMKARA MURI, ELAMANNOOR, ADOOR TALUK. BY ADV. SRI.RAJ MOHAN R.PILLAI SMT.D.MINI RAJAN RESPONDENT/ STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CR.NO.127 OF 2009 OF ADOOR EXCISE RANGE). SRI. V.S. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6471 of 2009 ------------------------------------ Dated this the 11th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in C.R. No.127/2009 of Adoor Excise Range, Pathanamthitta. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 1/10/2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 6 litres of Indian made foreign liquor was seized. 4. The learned counsel for the petitioner submitted that there is no material to connect the petitioner with the offence. The petitioner claims that he is a social worker and the leader of the Youth Wing of a political party. It is also stated that the petitioner is suffering from Hepatitis B. A medical certificate issued by Nupal Remedies Liver Speciality Ayurveda Pharmacy is also produced in support of the B.A. No. 6471/2009 2 contention. In the medical certificate, it is stated that the petitioner is under the treatment of the Chief Physician for Hepatitis B from 24/12/2007. The allegation in the present case is that on 1/10/2009, the petitioner committed the offence. The medical certificate has absolutely no relevance in these circumstances. 5. In the facts and circumstances of the case, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. This is not a fit case where anticipatory bail can be granted to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm