IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Bail Appl..No. 7608 of 2009() --------------------------------- C.R. NO. 61/2009 OF KOTTARAKKARA EXCISE RANGE ....................... PETITIONER/ACCUSED : ---------------------------- RATHEESH KUMAR @ AMBUJAN, S/O.MURALEEDHARAN, RATHEESH BHAVANAM, (POOVANKUNNIL VEEDU), THAZHATHU KULAKKADA, KULAKKADA VILLAGE, KOTTARAKKARA TALUK. BY ADVS. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KOTTARAKKARA EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7608 of 2009 ------------------------------------ Dated this the 29th day of January, 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 C.R.No.61/2009 of Kottarakkara Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 01.08.2009, the petitioner was found carrying 7 litres of arrack. On seeing the excise party, the petitioner ran away. The petitioner apprehends arrest and therefore, this Bail Application is filed. 4. 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 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. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln