IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 7541 of 2009 CRIME NO.314 OF 2009 OF ALATHUR POLICE STATION, PALAKKAD DISTRICT PETITIONERS/ACCUSED NOS.3 & 4 ------------------------------------------------- 1. KRISHNAPRASAD, AGED 32 YEARS, S/O. VASU, PUTHANPURA HOUSE, KADALAKURISSI, KANNADI, PALAKKAD DISTRICT. 2. CHANDRA BABU, AGED 36 YEARS, S/O. RAMAN, KUNNAMPARAMBU, KADALAKURISSI, KANNADI, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7541 OF 2009 ------------------------------------------------------ Dated this the 8th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.3 and 4 in Crime No.314 of 2009 of Alathur Police Station, Palakkad District. 2. The offence alleged against the petitioners is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 25.6.2009 accused Nos.1 and 2 were travelling in a Ford Icon car. The car met with an accident at Palakkad. It hit against a Tata Sumo car. Accused Nos.1 and 2 escaped from the place. The car was lying in an abandoned state. Police was informed. The police came to the spot. On inspection of the vehicle, it was found that a quantity of 700 litres of spirit was stored in the car in 20 cans. B.A. NO. 7541 OF 2009 :: 2 :: 4. The prosecution case is that accused No.1, who belongs to Alappuzha, handed over the vehicle to accused Nos.3 and 4, who were engaged in dealing with spirit. On the next day, the vehicle was handed over back to accused No.1 after keeping the spirit in cans in the car. While accused Nos.1 and 2 were coming from Palakkad with the spirit inside the car, the vehicle met with an accident. 5. The learned Public Prosecutor submitted that accused No.3 is involved in two other cases; one abkari case and another case registered for the offence under Section 307 of the Indian Penal Code. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. The allegations levelled against the petitioners are grave in nature. They do not deserve the B.A. NO. 7541 OF 2009 :: 3 :: discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/