IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5493 of 2011() ----------------------------- CRIME NO.58/2011 OF KARTHIKAPPALLY EXCISE RANGE PETITIONER/ACCUSED NO.3 ------------------------------------------- SISUPALAN @ KOCHUMON,AGED 34 YEARS, S/O.KRISHNAN KUTTY,KOICKAL PUTHEN VEETTIL, PARIMANAM MURI,CHEPPAD VILLAGE,KARTHIKAPPALLY TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5493 of 2011 --------------------------- Dated this the 13th 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 accused No.3 in Crime No.58 of 2011 of Karthikappally Excise Range. 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 22.6.2011, the excise party found accused Nos.1 and 2 engaged in the sale of coloured arrack. A quantity of 14 litres of coloured arrack was seized. On investigation, it was found that the coloured arrack was supplied to accused Nos.1 and 2 by the third accused. BA 5493/2011 2 4. The allegations levelled against the petitioner are grave in nature. In a case of this nature, it is not proper to grant anticipatory bail to the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl