High Court Kerala High Court

Rafeeque N.R. vs State Of Kerala on 25 June, 2009

Kerala High Court
Rafeeque N.R. vs State Of Kerala on 25 June, 2009
       

  

  

 
 
  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.
                  ------------------------------------------------------
                           B.A. NO. 2321 OF 2009
                  ------------------------------------------------------
                        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/