IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6708 of 2009() ------------------------------------- CRMP.1403/2009 of DISTRICT COURT, PATHANAMTHITTA O.R.NO. 120/2009 OF PATHANAMTHITTA EXCISE RANGE .................... PETITIONERS/ACCUSED : --------------------------------------- NANU, S/O. CHANDRAN, ERUTHIPATTU HOUSE, MUTTATHKONAM MURI, CHENNEERKARA, PATHANAMTHITTA. BY ADV. SRI.B.V.JOY SANKER RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, PATHANAMTHITTA EXCISE RANGE, PATHANAMTHITTA. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6708 of 2009 ------------------------------------ Dated this the 2nd day of December, 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 O.R.No.120/2009 of Pathanamthitta Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 16.10.2009, when the excise party was patrolling, they got reliable information that somebody was engaged in the sale of Indian Made Foreign Liquor at a specified place. The excise party went there. They saw one person engaged in the sale of Indian Made Foreign Liquor. On seeing the excise party, he ran away after abandoning 800 ml of Indian Made Foreign Liquor and a glass. Witnesses stated that the person who ran away was the petitioner. 3. The learned counsel for the petitioner submitted that the case was foisted against the petitioner on account of the enmity which the Excise party had towards the petitioner since he did not disclose the whereabouts of one Prakash Kumar. The B.A. No. 6708 of 2009 2 petitioner also relied on Annexure A bill issued by the Kerala State Beverages Corporation which according to the petitioner would indicate that he had purchased Indian Made Foreign Liquor from the Beverages Corporation outlet. While disposing of application for Anticipatory Bail, it is not feasible to consider meticulously the materials on record and the contentions put forward by the accused. It is also not feasible to arrive at a finding on the merits of the case as it would cause prejudice either to the prosecution or to the defence. On the materials on record, prima facie, it cannot be said that the petitioner was falsely implicated. 4. In the facts and circumstances of the case, I am of the view that this is not a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be granted to the petitioner. If Anticipatory Bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE ln