IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2321 of 2009()
1. RAFEEQUE N.R., AGED 19 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 2321 OF 2009
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Dated this the 25th June, 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 accused No.3 in C.R.No.7
of 2009 of the Thrissur Excise Range.
2. The offence alleged against the petitioner is under Section 55(a)
of the Abkari Act.
3. The prosecution case is that on 5.2.2009, it is seen that 825
litres of spirit was being transported. Though the excise party gave signal
to stop the vehicle, it was not stopped and the persons in the vehicle tried
to escape. Subsequently, the vehicle met with an accident and at that
time, the excise party arrested accused Nos.1 and 2. The case of the
prosecution is that the third accused entrusted the spirit to accused Nos.1
and 2. Learned counsel for the petitioner submitted that there is nothing
to connect the petitioner with the offence.
4. I have perused the case diary. Prima facie, I am of the view
that the submissions made by the learned counsel for the petitioner
cannot be accepted.
B.A. NO. 2321 OF 2009
:: 2 ::
4. Taking into account the facts and circumstances of the case,
the nature of the offence and other circumstances, I am not inclined to
grant anticipatory bail to the petitioner. The petitioner is not 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
ahz/