High Court Kerala High Court

Mohanan vs State Of Kerala Represented By on 14 December, 2009

Kerala High Court
Mohanan vs State Of Kerala Represented By on 14 December, 2009
       

  

  

 
 
  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.
             ------------------------------------------------------
                       B.A. NO. 7218 OF 2009
             ------------------------------------------------------
          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

:: 2 ::

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/