IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7625 of 2009()
1. BINDHU D/O.LALITHA, AGED 23 YEARS,
... Petitioner
2. LALITHA, W/O.SUKUMARAN, AGED 45 YEARS,
3. GEORGEKUTTY, S/O.KUTTY, AGED 36 YEARS,
Vs
1. STATE OF KERALA, REP.BY PUBLIC
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7625 of 2009
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Dated this the 18th 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 petitioners are accused
Nos.1 to 3 in O.R.No.154/2009 of Adoor Excise Range.
2. The offence alleged against the petitioners is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 8/12/2009, the
accused persons were found in possession of 9.45 litres of arrack
at their residence. Since, no woman police constable was
available, accused Nos. 1 and 2 could not be arrested. Accused
No. 4 was arrested on the spot. Accused No.3 ran away and
therefore, he could not be arrested.
4. The learned counsel for the petitioners submitted that
the first petitioner was arrested after filing the Bail Application.
Therefore, the Bail Application is not pressed in so far as it
relates to the first petitioner.
5. The learned Public Prosecutor submitted that accused
No.2 is involved in three other abkari offences and accused No.3
B.A. No. 7625/2009
2
is involved in another abkari offence.
6. Taking into account the facts and circumstances of the
case, I do not think that this is a fit case where anticipatory bail
can be granted to the petitioners. If anticipatory bail is granted
to the petitioners, it would adversely affect the proper
investigation of the case. I am of the view that the petitioners
are not entitled to the discretionary relief under Section 438 of
the Code of Criminal Procedure.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T. SANKARAN, JUDGE
scm