IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 6947 of 2009() ----------------------------- CRIME NO.443/09 OF MUNDAKKAYAM POLICE STATION PETITIONER/ACCUSED NO.2: ----------------------------------------- C.N.RAGHAVAN, AGED 50 YEARS, S/O.NARAYANAN, KURUMULLIL HOUSE, PUNCHAVAYAL, ERUMELI, KOTTAYAM DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. THE SUB INSPECTOR, MUNDAKKAYAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6947 of 2009 --------------------------------------------- Dated this the 6th day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.443 of 2009 of Mundakkayam Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 29.9.2009, at 6.30 P.M., the petitioner and other accused were found transporting 4.875 litres of Indian made foreign liquor in an autorickshaw. It is alleged that the petitioner ran away. Accused Nos.1 and 3 were arrested. It is submitted that the investigation revealed that there are materials to indicate that the petitioner is also a party to the transportation of Indian made foreign liquor intended for sale. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I do not think that this is a fit case where the discretionary relief BA No.6947/2009 2 under Section 438 of Crl.P.C. can be granted in favour of the petitioner. 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 csl