IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5662 of 2011 CR.NO.58 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA. PETITIONER/2ND ACCUSED ------------------------------------------ CHELLAMMA, W/O.JANARDHANAN NAIR, PUTHENPURAYIL, EVOOR VADAKKUM MURI, CHEPPAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, EXCISE RANGE AT KARTHIKAPPALLY, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5662 OF 2011 ------------------------------------------------------ Dated this the 19th day of July, 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 accused No.2 in C.R.No.58 of 2011 of Karthikappally Excise Range, Alappuzha 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 22.6.2011, a quantity of 40 litres of coloured arrack was found stored for sale in the tea shop jointly owned and conducted by accused Nos.1 and 2. It is alleged that the arrack was purchased from accused No.3. 4. The offence alleged is serious in nature. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. In a case of this nature, I am of the view that anticipatory bail cannot be granted. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/