IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Bail Appl..No. 6235 of 2009() ------------------------------------- CRIME NO. 534/2009 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE DISTRICT. .................... PETITIONER/ACCUSED NO.3: ------------------------------------------- SHIBU K.P, AGED 32 YEARS, S/O. BALAN, KATTILPARAMBATH HOUSE, VENGERI AMSOM DESOM, VENGERI POST, KOZHIKODE. BY ADVS. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT/COMPLAINANT/STATE: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6235 of 2009 ------------------------------------ Dated this the 30th day of October, 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 accused No.3 in Crime No.534/2009 of Medical College Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 55(a)(b)(h)(i) of the Abkari Act. 3. The prosecution case is that on 18.09.2009, at about 8.45 P.M., a search was conducted in a building, on getting secret information that illicit liquor was being manufactured in that building. In front of the building an Autorikshaw in which 68 bottles of illicit liquor were kept was found. On search of the house, several bottles of illicit liquor, 450 litres of spirit and 250 litres of mixed liquor were found. The learned Public Prosecutor stated that including the bottles found in the Autorickshaw 220 bottles of illicit liquor were found on the search. Accused No.1 who was found in the place was arrested. On detailed B.A. No. 6235 of 2009 2 investigation, the complicity of other accused was revealed. According to the prosecution the petitioner is involved in the offence. 4. The learned counsel for the petitioner submitted that there is no material to connect the petitioner with the offence. On a perusal of the Case Diary, prima facie, I am not inclined to accept the contention raised by the petitioner. The offence alleged against the accused persons is serious. In a case of this nature, it is not proper to invoke the discretionary jurisdiction under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln