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Soman vs State Of Kerala on 30 June, 2009

Kerala High Court
Soman vs State Of Kerala on 30 June, 2009
       

  

  

 
 
  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.
                      ---------------------------
                       B.A. No. 3498 of 2009
                  ------------------------------------
               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

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