IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 7981 of 2011() ----------------------------- CRIME NO.361/2011 OF PULPALLY POLICE STATION, WAYANAD PETITIONER (S): ACCUSED NO.2 -------------------------------- JAYESH,AGED 33 YEARS,S/O.VISWANATHAN, RESIDING AT IKKARAPARAMBIL HOUSE, VELIYAMBAM P.O, PIN 673 692, WAYANAD DISTRICT. BY ADV. SRI.A.V.JAMES RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REP. BY THE SUB INSPECTOR OF POLICE, PULPALLY POLICE STATION IN CR.361/2011. PUBLIC PROSECUTOR SRI.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7981 of 2011 --------------------------- Dated this the 15th 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 accused No.2 in Crime No.361 of 2011 of Pulpally Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that the accused persons were found engaged in the sale of Indian made foreign liquor. The first accused was arrested on the spot. There was one more accused who ran away. According to the prosecution, the person who ran away is the petitioner herein and he was made the second accused. 4. The learned counsel for the petitioner submitted that BA 7981/11 2 there is nothing to indicate that the petitioner is the person who ran away. That is a disputed question of fact which cannot be decided in an application for anticipatory bail. The offences alleged are grave in nature. In a case of this nature, it is not proper to grant anticipatory bail. 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