IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 3810 of 2009() ----------------------------- CRIME NO.119/09 OF PULPALLY POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ P.K.SHAJI, S/O.KUMARAN, PUDIYADATH HOUSE, P.O.SEETHAMOUNT, PULPALLY, WAYANAD. BY ADV. SRI.JIJO PAUL RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, PULPALLY THROUGH - THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3810 of 2009 --------------------------------------------- Dated this the 8th day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.119 of 2009 of Pulpally Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. When the Bail Application came up for hearing on 23.7.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, it is submitted by the learned counsel for the petitioner that a week's time may be granted to show by acceptable materials that the petitioner is a social worker and that he was acting against the sale of illicit arrack in the locality. Post on 30.7.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested till then.” 4. Thereafter, though the case was adjourned to several dates, the petitioner has not produced any material or document to substantiate his contentions. 5. Prima facie, I am not inclined to accept the contention BA No.3810/2009 2 of the petitioner that no case is made out against him. I do not think that in the facts and circumstances of the case, the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl