IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5350 of 2009() ----------------------------- CRIME NO.669/2009 OF VARKALA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- RAJENDRAN,S/O.REGHUNATHAN, KANNAVILA VEEDU,VADASSERIKONAM P.O., OTTOOR,OTTOOR VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5350 of 2009 --------------------------------------------- Dated this the 14th day of October, 2009 ORDER 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.669 of 2009 of Varkala Police Station. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 16.8.2009, the petitioner was found engaged in the sale of liquor without any license in several huts constructed near a toddy shop. It is alleged that food was also being supplied and several persons were taking food and liquor. In the counter of the hotel, Indian made foreign liquor of different brands were also seen. The petitioner could not be arrested as he ran away on seeing the police. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations made against the petitioner, I am of the view that the petitioner BA No.5350/2009 2 is not 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 seriously affect the smooth and proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl