IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7531 of 2009() --------------------------------- CRIME NO. 36/2009 OF EXCISE RANGE, CHIRAYINKEEZHU ...................... PETITIONER/ACCUSED: ---------------------------- BIJULAL @ SANKER, S/O.BABU, VARYVILAKAM HOUSE, PERUNGUZHU DESOM, CHIRAYINKEEZHU. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- 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 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7531 of 2009 ------------------------------------ Dated this the 4th day of January, 2010 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.36/2009 of Excise Range, Chirayinkeezhu. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 8.08.2009, the petitioner was found in possession of 60 litres of wash at his residence. The petitioner could not be arrested as he ran away, when the excise party reached the house of the petitioner. 4. Taking into account nature of the allegations levelled against the petitioner and the facts and circumstances of the case, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be granted in favour of the petitioner. If Anticipatory Bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln