IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 6706 of 2009() ------------------------------------- CRIME NO. 475/2009 OF MAVELIKKARA POLICE STATION ...................... PETITIONER/ACCUSED: ----------------------------------- OMANAKUTTAN @ KUTTACHAN, AGED 43 YEARS, S/O.BHASKARAN, KARIVELIKKIZHAKKATHIL HOUSE, ARUNOOTTIMANGALAM MURI, THAZHAKKARA,MAVELIKKARA. BY ADV. SMT.M.MADHUBEN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6706 of 2009 ------------------------------------ Dated this the 10th day of December, 2009 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 first accused in Crime No.475/2009 of Mavelikkara Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) and 8(1)&(2) of the Abkari Act. 3. The prosecution case is that on 1/11/2009, the accused persons were found in possession of 2 litres of arrack. On seeing the police party, they ran away. 4. The learned Public Prosecutor submitted that the petitioner is involved in five other cases of similar nature. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the allegations levelled against the petitioner and the criminal antecedents of the petitioner, I am of the view that this is not a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be granted in favour of the petitioner. If B.A. No.6706/ 2009 2 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 scm