IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6609 of 2011() ----------------------------- CR.No.9 of 2010 of Excise Range, Kuttanad, Alappuzha District PETITIONER/ACCUSED -------------------------------------- PRAHLADAN @ MONICHAN,AGED 50 YEARS, S/O. GOPALAN,NADUVATHUSSERY HOUSE, MOONUMURI,PULINKUNNU DESOM, KUNNUMMA VILLAGE,KUTTANADU,ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): --------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE,KUTTANADU, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6609 OF 2011 --------------------------------- Dated this the 22nd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in CR.No.9 of 2010 of Excise Range, Kuttanad, Alappuzha District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 21.2.2010, a quantity of 66 litres of spirit was recovered from the marshy land near the house of one Kunjachan. Investigation revealed that the spirit was kept there by the petitioner. 4. 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 B.A. No.6609 OF 2011 2 discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. 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. cms