IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 4089 of 2009() ----------------------------- CRIME NO.55/09 OF EXCISE RANGE, ARYANAD PETITIONER : ACCUSED ------------------------------ SREEJITH @ MANDAN UNNI, D/O.SRINIVASAN, KARTHIKA BHAVAN, MANNURKARA, VILLAGE NEDUMANGAD TALUK. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4089 of 2009 --------------------------------------------- Dated this the 9th day of October, 2009 ORDER 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.55 of 2009 of Excise Range, Aryanad. 2. The offence alleged against the petitioner is under Section 55(g) of the Abari Act. 3. The prosecution case is that on 30.5.2009, a quantity of 250 litres of wash was found from the residential compound of the petitioner. The petitioner could not be arrested. He apprehends arrest. 4. The contention of the petitioner that the case is foisted against him, prima facie, cannot be accepted. The petitioner has submitted Ext.P1 representation stating that though he was involved in an Abkari offence earlier, now, he has reformed after marriage and that he is not involved in any offence. 5. Taking into account the facts and circumstances of the BA No.4089/2009 2 case, the nature and gravity of the offence and the allegations levelled against the petitioner, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If the petitioner is granted anticipatory bail, it would affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl