IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6292 of 2011 C.R.NO.74 OF 2011 OF KOTHAMANGALAM EXCISE RANGE, ERNAKULAM DISTRICT PETITIONER/ACCUSED NO.2. -------------------------------------------- UNNI @ RATHEESH, S/O.LATE GOPALAPILLAI, VAZHAYIL HOUSE, MULLARIGADU P.O., VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR SMT.M.N.MAYA RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6292 OF 2011 ------------------------------------------------------ Dated this the 29th 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 accused No.2 in C.R.No.74 of 2011 of Kothamangalam Excise Range, Ernakulam District. 2. The offence alleged against the accused is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 26.7.2011, the accused were found transporting 19.5 litres of Indian made foreign liquor in an autorickshaw. On seeing the forest officials, the petitioner ran away. 4. The allegations levelled against the petitioner 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. The matter requires BAIL APPL. NO.6292 OF 2011 :: 2 :: 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 ahz/