IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Bail Appl..No. 6542 of 2009() ----------------------------- CRIME NO.292/2009 OF ARYANKODE POLICE STATION .................... PETITIONER (S): ACCUSED --------------------------------------- H. SASI, S.V. BHAVAN, KARINGALINMOODU, MANNAMKONAM P.O., THIRUVANANTHAPURAM -25. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6542 of 2009 --------------------------------------------- Dated this the 11th day of November, 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.292 of 2009 of Aryankode Police Station. 2. The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that the petitioner supplied spurious arishtam containing alcohol to his customers. After consuming arishtam, they fell unconscious. They were shifted to the hospital. The prosecution case is that the petitioner has added alcohol in the arishtam and sold it to several persons. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence involved and the allegations levelled against the petitioner, I am of the view that the petitioner is not entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the smooth and proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl