IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6740 of 2009() CRIME NO.137 OF 2009 OF ADOOR EXCISE RANGE, PATHANAMTHITTA PETITIONER/ACCUSED -------------------------------------- VASUDEVAN, S/O NANU, CHITTASSERIL VEEDU, MUDIYOORCONAM MURIYIL, PANDALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTICT. BY ADV. SRI.AJITH MURALI 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 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6740 OF 2009 ------------------------------------------------------ Dated this the 19th day of November, 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 Crime No.137 of 2009 of Adoor Excise Range, Pathanamthitta District. 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 21.10.2009, the petitioner was found in possession of 30 litres of arrack. The arrack was found in the kitchen of the house of the petitioner. The petitioner could not be arrested as he ran away. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in two other cases of similar nature. 5. Taking into account the facts and circumstances of the B.A. NO. 6740 OF 2009 :: 2 :: case, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be granted in favour of the petitioner. If anticipatory bail is granted to the petitioner, it would affect the proper and smooth investigation of the case. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/