IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Bail Appl..No. 7999 of 2011() ----------------------------- CRIME NO.47/2011 OF KANNUR EXCISE RANGE PETITIONER/ACCUSED ------------------------- K.VINODAN @ KURUKKAN VINODAN, AGED 48 YEARS, RESIDING AT KANNOTH HOUSE, ANJARAKANDY AMSOM, MAMBA DESOM, KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. EXCISE OFFICER, KANNUR EXCISE RANGE, KANNUR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7999 of 2011 --------------------------- Dated this the 20th day of October, 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.47 of 2011 of Kannur Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 21.9.2011, the petitioner was found in possession of 48 bottles of Indian made foreign liquor, each bottle containing 500 ml., kept intended for sale in a property in possession of the pettioner. 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 discretionary relief under Section 438 of the Code of Criminal BA 7999/11 2 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