IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8550 of 2011() ----------------------------- AGAINST THE ORDER DATED 04/10/2011 IN ORDER IN CMP.2554/2011 of J.M.F.C.-II, HARIPAD CRIME NO.81/2011 OF KARTHIKAPPALLY EXCISE RANGE PETITIONER/ACCUSED : ---------------------- AJI, AGED 38 YEARS, S/O.VASUDEVAN, AJI BHAVANAM, MUTTOM MURI, CHEPPAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SMT.S.L.SYLAJA RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8550 of 2011 ---------------------------------------------- Dated this the 21st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.81 of 2011 of Karthikappally Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 29/09/2011, a quantity of 50 litres of spirit was seized from the house of accused No.1. Accused No.2 was also present there and he ran away. The prosecution case is that accused No.2 is also involved in this case and that the spirit was brought to the house of accused No.1 by accused No.2. The petitioner surrendered before court on 30/09/2011 and he was remanded to judicial custody. 4. The investigation is going on. The offence alleged against the accused is grave in nature. Taking into account the facts and circumstances of the case, I am of the view that if bail is granted to the petitioner, it would adversely affect the Bail Appln.No.8550/2011 : 2 : proper investigation of the case. It is also likely that the petitioner would try to influence or intimidate the prosecution witnesses. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj