IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Bail Appl..No. 6114 of 2008() ----------------------------- CRIME NO.665/2008 OF MATHILAKAM POLICE STATION .................... PETITIONERS (S): ACCUSED 1 TO 3 ---------------------------------- 1. SHAIJAN, S/O. JOSE, CHAKKALAKKAL HOUSE, KOZHIKADA, PULLUT. 2. SHIBU, S/O. VARGHESE, KIZHUPPILLY, THATTATHIL HOUSE, PERUMBAVOOR, ERINJOLI DESOM. 3. CHACKO @ CHACKOCHAN, S/O. VARKEY, VELLIRINJAL HOUSE, KEEZHILLAM DESOM, RAYAMANGALAM. BY ADV. SRI.C.C.THOMAS (SR.) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICER, MATHILAKAM POLICE STATION, THRISSUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6114 of 2008 ------------------------------------------------- Dated this the 3rd day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 57(a) of Abkari Act. According to prosecution, accused no.1 was found mixing spirit in toddy, in a toddy shop. Accused nos.2 and 3 were found unloading two cans, each containing 50 litres of spirit, from a jeep to the toddy shop and all the three persons (A1 to 3) were arrested. The licensee of the shop is the 5th accused. 3. Learned counsel for the petitioners submitted that the petitioners are accused nos. 1 to 3. They were arrested from the toddy shop. As per the search list, three persons found in the toddy shop were taken into custody. The licensee was not arrested and nobody, who is responsible for the running of the toddy shop, was also arrested. But, the petitioners who went to the toddy shop for consuming toddy were falsely implicated. They were arrested on 2.9.2008 and hence, they may be granted BA No.6114/08 2 bail, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the allegations in this case are serious in nature. The licensee is implicated as 5th accused in the course of investigation. The investigation is in progress. Many facts have to be investigated into regarding even source of spirit etc. Therefore, it may not be proper to grant bail at this stage. 5. On hearing both sides, I am satisfied that bail cannot be granted at this stage, since it is likely to effect the investigation adversely. The petition is dismissed. K.HEMA, JUDGE csl