IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5350 of 2009()
1. RAJENDRAN,S/O.REGHUNATHAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5350 of 2009
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Dated this the 14th day of October, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is
accused No.3 in Crime No.669 of 2009 of Varkala Police Station.
2. The offence alleged against the petitioner is under
Section 55(i) of the Abkari Act.
3. The prosecution case is that on 16.8.2009, the
petitioner was found engaged in the sale of liquor without any
license in several huts constructed near a toddy shop. It is
alleged that food was also being supplied and several persons
were taking food and liquor. In the counter of the hotel, Indian
made foreign liquor of different brands were also seen. The
petitioner could not be arrested as he ran away on seeing the
police.
4. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and the allegations
made against the petitioner, I am of the view that the petitioner
BA No.5350/2009 2
is not entitled to get the discretionary relief under Section 438 of
the Code of Criminal Procedure. If anticipatory bail is granted to
the petitioner, it would seriously affect the smooth and proper
investigation of the case.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl