IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2318 of 2009()
1. AYYAPPAN,S/O.KOTHA, NATTAMKANDATH HOUSE
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.2318 of 2009
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Dated this the 2nd day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is accused No.2 in
Crime No.9 of 2009 of Wadakkanchery Excise Range.
2. The offences alleged against the petitioner are under Sections
8(1) and 55(b) and (g) of the Abkari Act.
3. The prosecution case is that the petitioner and the first
accused were found engaged in brewing arrack on 5.3.2009. The
petitioner ran away from the spot on the arrival of the Excise Party.
The first accused was arrested and he was produced before the court.
Later, the first accused was released on bail.
4. According to the public prosecutor, the petitioner could not
be arrested as he had absconded. In the facts and circumstances of
the case, I do not think that this is a fit case to grant anticipatory bail.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl