IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 5869 of 2011() ----------------------------- C.R.NO.29/2011 OF KUMBLA EXCISE RANGE PETITIONER/ACCUSED: ---------------------------- DAYANANDA, AGED 30 YEARS, S/O.RAMA POOJARI, R/AT MADANTHUR, BEKOOR POST, KAYYAR VILLAGE, KASARAGOD TYALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, (CR.NO.29/2011 OF KUMBALA EXCISE RANGE) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5869 of 2011 --------------------------- Dated this the 1st 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 the accused in C.R.No.29 of 2011 of Kumbla Excise Range, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 7.7.2011, the petitioner was found dealing with 300 bottles of Indian made foreign liquor, each bottle containing 180 ml. It is alleged that the IMFL was intended for sale in the State of Karnataka. The further allegation is that on seeing the Excise Party, the petitioner ran away. 4. The offence alleged is very serious in nature. In a BA 5869/2011 2 case of this nature, the discretionary relief under Section 438 Crl.P.C. cannot be granted. If anticipatory bail is granted, it will adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl