IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5731 of 2009()
1. SHAMSUDEEN,S/O.KUNJU MOHAMMAD,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5731 OF 2009
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Dated this the 17th day of November, 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 the accused in
C.R. No.52 of 2009 of Chadayamangalam Excise Range.
2. The offence alleged against the petitioner is under Section
55(a) and (i) of the Abkari Act.
3. The prosecution case is that on 21.9.2009, the petitioner
was found engaged in the sale of Indian Made Foreign Liquor. A
quantity of four litres of Indian Made Foreign Liquor was seized. The
petitioner apprehends arrest in C.R.No.52 of 2009.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor. I have also perused the case diary.
5. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and the attendant
B.A. NO. 5731 OF 2009
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circumstances, I am of the view that this is not a fit case where
anticipatory bail can be granted to the petitioner. The petitioner is
not entitled to the discretionary relief under Section 438 of the Code
of Criminal Procedure.
Accordingly, the Bail Application is dismissed.
(K.T.SANKARAN)
Judge
ahz/