IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 7508 of 2009 CRIME NO.128 OF 2009 OF KAYAMKULAM EXCISE RANGE, ALLEPPEY PETITIONER : ACCUSED --------------------------- SURESH, AGED 46 YEARS, S/O. VASU, MARAKKASSERIL CHIRAYIL, MUTHUKULAM VILLAGE, CHOOLATHERUVU POST, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7508 OF 2009 ------------------------------------------------------ Dated this the 12th 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.128 of 2009 of Kayamkulam Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 30.11.2009, a quantity of 560 litres of Wash was seized from the marshy land adjacent to the residential compound of the petitioner. It is submitted by the learned Public Prosecutor that there are materials to indicate that the petitioner had kept the Wash at the place in question. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. Custodial B.A. NO. 7508 OF 2009 :: 2 :: interrogation of the petitioner is necessary. If anticipatory bail is granted to the petitioner, it would affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/