IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1914 of 2010() ---------------------------------- CMC.381/2010 of ADDL.DISTRICT COURT, KOZHIKODE CRIME NO. 207/2010 OF KOYILANDY POLICE STATION .................... PETITIONER/ACCUSED: --------------------------- KARUNAN, S/O. PACHAN, AGED 49 YEARS, CHEMENCHERY AMSOM AND DESOM, KOYILANDY TALUK. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (S.H.O, KOYILANDY) BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1914 of 2010 ------------------------------------ Dated this the 25th day of March, 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. 207/2010 of Koyilandy Police Station. 2. The offence alleged against the petitioner is under Section 55(h)(i) of the Abkari Act. 3. The prosecution case is that on 11.03.2010 at about 4.45 P.M., the petitioner was found engaged in the sale of beer in his shop near a temple in Toovappara. Four bottles of beer were seized from the shop of the petitioner. It is also alleged that sale was made in the eve of the festival in the Temple. On seeing the police party, the petitioner ran away from the scene. He could not be arrested. Now the petitioner seeks anticipatory bail. 4. The petitioner applied for anticipatory bail before the Court of Session, Kozhikode. That application was dismissed by the order dated 22.03.2010. 5. 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 B.A. No. 1914 of 2010 2 where anticipatory bail can be granted to the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. 6. The learned counsel for the petitioner submitted that the wedding of the nephew of the petitioner is scheduled to be held on 29.03.2010. It is also submitted that the brother-in-law of the petitioner, the father of the bride groom, passed away. It is also stated that the petitioner is the only uncle of the bride groom. In these circumstances, the learned counsel for the petitioner submitted that at least there may be a direction not to arrest the petitioner till the wedding of his nephew is over. The request is just and reasonable. Accordingly, there will be a direction that the petitioner shall not be arrested till 31.03.2010 in connection with Crime No. 207/2010 of Koyilandy Police Station. The Bail Application is disposed of with the above directions. K.T. SANKARAN, JUDGE ln