IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7218 of 2009 CRIME NO.127 OF 2009 OF SASTHAMCOTTA EXCISE RANGE OFFICE, KOLLAM PETITIONER/2ND ACCUSED: ------------------------------------------- MOHANAN, RESIDING AT PANAVILA KIZHAKKATHIL, PADINJATTUM MURI, SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7218 OF 2009 ------------------------------------------------------ Dated this the 14th 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 accused No.2 in Crime No.127 of 2009 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 27.8.2009, the accused and his wife were found engaged in the sale of coloured arrack. A quantity of 4.4 litres of coloured arrack was seized. The first accused was arrested on 28.8.2009. The petitioner could not be arrested as he ran away. The wife of the petitioner was in judicial custody for a few days. The petitioner prays for anticipatory bail. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can B.A. NO. 7218 OF 2009 :: 2 :: be granted to the petitioner. If anticipatory bail is granted to the petitioner, it would affect the proper investigation of the case. The Bail Application is, therefore, dismissed. (K.T.SANKARAN) Judge ahz/