IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3498 of 2009()
1. SOMAN, S/O.VELAYUDHAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/06/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3498 of 2009
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Dated this the 30th day of 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 the
accused in Crime No.127/2009 of Ramankary Police Station,
Alappuzha.
2. The offences alleged against the petitioner are under
Sections 8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 30/5/2009, the
petitioner was found transporting 6 litres of arrack. On seeing
police party, the accused abandoned the arrack, ran away and
escaped by jumping into water. The petitioner could not be
arrested.
4. In the facts and circumstances of the case, I do not
think that this is 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.
The Bail Application fails and is accordingly dismissed .
K.T. SANKARAN, JUDGE
scm
