IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6235 of 2009()
1. SHIBU K.P,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/10/2009
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 6235 of 2009
------------------------------------
Dated this the 30th day of October, 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.3
in Crime No.534/2009 of Medical College Police Station,
Kozhikode District.
2. The offence alleged against the petitioner is under
Section 55(a)(b)(h)(i) of the Abkari Act.
3. The prosecution case is that on 18.09.2009, at about
8.45 P.M., a search was conducted in a building, on getting secret
information that illicit liquor was being manufactured in that
building. In front of the building an Autorikshaw in which 68
bottles of illicit liquor were kept was found. On search of the
house, several bottles of illicit liquor, 450 litres of spirit and 250
litres of mixed liquor were found. The learned Public Prosecutor
stated that including the bottles found in the Autorickshaw 220
bottles of illicit liquor were found on the search. Accused No.1
who was found in the place was arrested. On detailed
B.A. No. 6235 of 2009 2
investigation, the complicity of other accused was revealed.
According to the prosecution the petitioner is involved in the
offence.
4. The learned counsel for the petitioner submitted that
there is no material to connect the petitioner with the offence.
On a perusal of the Case Diary, prima facie, I am not inclined
to accept the contention raised by the petitioner. The offence
alleged against the accused persons is serious. In a case of
this nature, it is not proper to invoke the discretionary
jurisdiction under Section 438 of the Code of Criminal
Procedure.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T. SANKARAN, JUDGE
ln