IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 Bail Appl..No. 1937 of 2009() ----------------------------- CMP.972/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO.10/2009 OF THIRUPURAM EXCISE RANGE. .................... PETITIONER/ACCUSED NO.1 & 2: ----------------------------------------------- 1. JOY V.M. S/O.MATHAI,VANDAZHY VEEDU, ERUMBUCHOLA POST OFFICE LIMIT, POTTASSERY VILLAGE, MANNARKAD TALUK, PALAKKAD DISTRICT. 2. SIVAPRASAD, S/O.THANKAPPAN PILLAI, SIVA BHAVAN, T.K.M. COLLEGE P.O. LIMIT, KOTTAMKARA VILAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S)/COUNTER PETITIONER: -------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTORSRI. C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 1937 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of April, 2009. ORDER This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioners are accused in Crime No.10/2009 of Thirupuram Excise Range for the offences punishable under Sections 55(a) and 67B of the Abkari Act. 3. The facts have been narrated in the order of the court below, which is produced along with this petition. The court below had considered all the aspects and declined bail to the petitioners. Considering the fact that investigation is not yet complete and also the prohibition under Section 41A (1)(b) of Abkari Act, it is felt that it may not be proper to grant bail to the petitioners now. Petition is accordingly dismissed. P. BHAVADASAN, JUDGE sb.