IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 787 of 2010 CRIME NO.820 OF 2009 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT PETITIONER/ACCUSED -------------------------------------- PRASANTH,S/O. VIJAYAKUMAR, REKHA NIVAS, KAVUMPURAM, MANCHA DESOM, KARIPPOORU VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 787 OF 2010 A ------------------------------------------------------ Dated this the 16th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.820 of 2009 of Neyyattinkara Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 4.11.2009, the accused persons, three in number, were found transporting 980 litres of spirit in a Toyota Qualis car belonging to the first accused. On seeing the police party, the accused persons ran away. The petitioner was arrested on 14.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature registered as C.R.No.54 B.A. NO. 787 OF 2010 :: 2 :: of 2009 by Vamanapuram Excise Range. The investigation is in progress. The other accused persons are not arrested so far. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail at this stage, the investigating officer may find it difficult to arrest the other accused persons. It is also submitted that the petitioner may indulge in activities to influence or intimidate the witnesses and to tamper with the evidence, if he is released on bail. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and also the criminal antecedents of the petitioner, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/