IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7218 of 2009()
1. MOHANAN, RESIDING AT PANAVILA
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 7218 OF 2009
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Dated this the 14th 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 accused No.2 in
Crime No.127 of 2009 of Sasthamcotta Excise Range.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 27.8.2009, the accused
and his wife were found engaged in the sale of coloured arrack. A
quantity of 4.4 litres of coloured arrack was seized. The first
accused was arrested on 28.8.2009. The petitioner could not be
arrested as he ran away. The wife of the petitioner was in judicial
custody for a few days. The petitioner prays for anticipatory bail.
4. Taking into account the facts and circumstances of the
case, I do not think that this is a fit case where anticipatory bail can
B.A. NO. 7218 OF 2009
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be granted to the petitioner. If anticipatory bail is granted to the
petitioner, it would affect the proper investigation of the case.
The Bail Application is, therefore, dismissed.
(K.T.SANKARAN)
Judge
ahz/