IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 6232 of 2011() ----------------------------- CRIME NO.201/2011 OF PANOOR POLICE STATION, KANNUR .................... PETITIONER/ACCUSED : -------------------------- M.C.GANGADHARAN, S/O.KUNHIRAMAN, AGED 50 YEARS, MULLANCHALIL PARAMBATH HOUSE, P.O.CHENDAYAD, PUTHOOR AMSOM CHENDAYAD DESOM, P.O.CHENDAYAD, THALASSERY TALUK, KANNUR DISTRICT. 670 692. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6232 of 2011 --------------------------- Dated this the 5th day of August, 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 sole accused in Crime No.201 of 2011 of Panoor Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 24.4.2011, the petitioner was found in possession of 21 bottles of Indian made foreign liquor, each bottle containing 100 ml. and 9 bottles of Indian made foreign liquor, each bottle containing 380 ml. On seeing the excise party, the accused ran away through difficult pathways. The police could not catch hold of the accused. 4. The learned Public Prosecutor submitted that the BA 6232/2011 2 Indian made foreign liquor in question was intended to be supplied only in Pondicherry. 5. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail application is dismissed. K.T.SANKARAN JUDGE csl