IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6947 of 2009()
1. C.N.RAGHAVAN, AGED 50 YEARS,
... Petitioner
Vs
1. THE SUB INSPECTOR,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.V.SETHUNATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.6947 of 2009
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Dated this the 6th day of January, 2010
ORDER
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.443 of 2009 of Mundakkayam Police
Station.
2. The offences alleged against the petitioner are under
Sections 55(a) & (i) of the Abkari Act.
3. The prosecution case is that on 29.9.2009, at 6.30
P.M., the petitioner and other accused were found transporting
4.875 litres of Indian made foreign liquor in an autorickshaw. It
is alleged that the petitioner ran away. Accused Nos.1 and 3
were arrested. It is submitted that the investigation revealed
that there are materials to indicate that the petitioner is also a
party to the transportation of Indian made foreign liquor
intended for sale.
4. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I do
not think that this is a fit case where the discretionary relief
BA No.6947/2009 2
under Section 438 of Crl.P.C. can be granted in favour of the
petitioner. If anticipatory bail is granted to the petitioner, it
would adversely affect the proper and smooth investigation of
the case.
For the aforesaid reasons, the Bail Application is dismissed.
K.T.SANKARAN,
JUDGE
csl