IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8761 of 2011() ----------------------------- CRIME NO.136/2009 OF KARUNAGAPALY EXCISE RANGE PETITIONER (S): ACCUSED --------------------------- SANKARAN,PUTHEN PURAYIL, AZHEEKKAL, ALAPPAD, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.M.R.SASITH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 31. 2. EXCISE CIRCLE INSPECTOR, EXCISE RANGE, KARUNAGAPALY 691 002. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8761 of 2011 --------------------------- Dated this the 18th day of November, 2011 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.136 of 2009 of Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 6.8.2009, the petitioner was found in possession for sale of 17 bottles of Indian made foreign liquor, each bottle containing 375 ml. 4. The petitioner could not be arrested as he ran away. The petitioner apprehends arrest and therefore, he has filed this application for anticipatory bail. BA 8761/2011 2 5. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl