IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4483 of 2009() ----------------------------- C.R.NO.86/09 OF ALAPPUZHA EXCISE RANGE PETITIONER/ACCUSED --------------------------------- THANKAPPAN, S/O.KUTTAPPAN, AGED 51 YEARS, MADATHIVELI VEEDU, APPOORE, MANANCHERY VILLAGE, AMBALAPUZHA TALUK, MANNANCHERY PANCHAYAT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP.BY EXCISE INSPECTOR, ALAPPUZHA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4483 of 2009 --------------------------------------------- Dated this the 20th day of August, 2009 ORDER 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.86 of 2009 of Alappuzha Excise Range. 2. The offences alleged against the petitioner are under Sections 55(g) and 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 30.5.2009, on a search conducted in the house of the petitioner, a quantity of 70 litres of wash, 800 ml. of arrack and utensils and implements for distilling arrack were seized. 4. Learned counsel for the petitioner submitted that the case was foisted against the petitioner. 5. Prima facie, there is nothing to indicate that the case was foisted against the petitioner. A final conclusion on the contention of the petitioner could be arrived at only at the time of trial. At this stage, on the basis of the materials on record, it cannot be said that no case is made out against the petitioner. BA No.4483/2009 2 For the aforesaid reasons, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl