IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5351 of 2011 CRIME NO.16 OF 2011 OF KUMBLA EXCISE RANGE, KASARAGOD DISTRICT PETITIONER: ACCUSED --------------------------- SADANANDA, S/O. KUNHA BHANDARY, AGED 42 YEARS, COOLY WORKER, BERIKA, MEENJA VILLAGE, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. THE EXCISE RANGE OFFICER, KUMBALA EXCISE RANGE - 671 121. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5351 OF 2011 B ------------------------------------------------------ Dated this the 11th day of July, 2011 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.16 of 2011 of Kumbla Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55 (a) of the Abkari Act. 3. The prosecution case is that on 23.5.2011, the petitioner was found in possession of 23 bottles of Indian made foreign liquor, each bottle containing 180 ml. According to the Public Prosecutor, the petitioner could not be arrested as he ran away. Learned counsel for the petitioner submitted that the petitioner cannot run away at all as he is suffering from spondylosis. The petitioner produced Annexure I medical certificate to show that in June 2010, he was treated for Lumbar Spondylosis. BAIL APPL.NO.5351 OF 2011 :: 2 :: 4. The offence alleged against the petitioner is serious in nature. In a case of this nature, anticipatory bail cannot be granted. If anticipatory bail is granted to the petitioner, it would affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/