IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 6231 of 2011() ----------------------------- CRIME NO.20/2011 OF KUNNAMKULAM EXCISE RANGE PETITIONER/ACCUSED : ------------------------- GOPALAKRISHNAN, AGED 43, S/O.MUKUNDAN NAIR, ATHIKARATH MANOYANGATTU HOUSE, P.O.KATTAKAMBAL, KUNNAMKULAM, THRISSUR. BY ADV. SRI.RAJESH NAIR SRI.DINNY THOMAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6231 of 2011 --------------------------- Dated this the 5th day of August, 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 sole accused in Crime No.20 of 2011 of Kunnamkulam Excise Range. 2. The offence alleged against the petitioner is under Section 58 of the Abkari Act. 3. The prosecution case is that on 11.7.2011, the petitioner was found in possession of 1.8 litres of illicit liquor in a workshop. On seeing the excise party, the petitioner ran away abandoning his autorickshaw and his driving license in the autorickshaw. 4. The learned counsel for the petitioner submitted that the case is foisted against the petitioner and that there is no BA 6231/2011 2 material to connect the petitioner with the offence. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. Prima facie, there are materials to connect the petitioner with the offence. The offence alleged 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 Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN JUDGE csl