IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Bail Appl..No. 7118 of 2009() ----------------------------- CRIME NO.57/2009 OF KANJIRAPPALLY EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- C.JOHNY, S/O.CHACKO, AGED 40 YEARS, CHALACKAL HOUSE, ERUMELY NORTH, KANJIRAPALLY. BY ADV. SRI.PHILIP T.VARGHESE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE EXCISE RANGE OFFICER, KANJIRAPALLY EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7118 of 2009 --------------------------------------------- Dated this the 4th day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.57 of 2009 of Kanjirappally Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that the accused was found in possession of one litre of arrack and on seeing the Excise Party, he ran away. 4. The learned counsel for the petitioner submitted that there are no materials to connect the petitioner with the offence. 5. At this stage, no such finding can be arrived at. Prima facie, I am not inclined to accept the contention of the learned counsel for the petitioner. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. If anticipatory bail is granted to the BA No.7118/2009 2 petitioner, it would adversely affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl