IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2298 of 2009() ----------------------------- CRIME NO.143 OF 2009 OF ENATHU POLICE STATION PETITIONER/4TH ACCUSED ------------------------------------------ SANTHOSH KUMAR.O., SARASWATHY VILASAM HOUSE,ELEMANNOOR, P.O.ELEMANNOOR. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): COMPLAINANT STATE -------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, ENATHU POLICE STATION,PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2298 of 2009 --------------------------------- Dated this the 1st day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused No.3 in Crime No.143 of 2009 of Enathu Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. Learned counsel for the petitioner submitted that the petitioner is not involved in the offence and that there is nothing to connect the petitioner with the offence. 4. Learned public prosecutor with reference to the case diary submitted that there are materials to indicate that that the petitioner is involved in the offence and that custodial interrogation is necessary for the proper investigation of the case. 5. According to the petitioner, it is a question of mistaken identity. That is also a matter to be taken note of during investigation. 6. I do not think that the petitioner has made out a case for granting anticipatory bail. In the nature of the allegations levelled and the nature and gravity of the offence, I do not think that the petitioner is entitled to get anticipatory bail. The bail application is accordingly dismissed. K.T.SANKARAN Judge csl