IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 731 of 2010() ---------------------------------------- (CRIME NO.4/2010 OF PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT) PETITIONER/ACCUSED: -------------------------------------- BABU,S/O.SHANMUGHAM,AGED 25 YEARS, MUNICIPALITY NO.21/224,MUTHUKULAM,NOORANI.P.O, VENNAKARA DESOM,PALAKKAD DISTRICT. BY ADV. MR.AJITH MURALI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 731 of 2010 ----------------------------- Dated this the 10th 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 the accused in Crime No.4/2010 of Pathanapuram 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 7/1/2010, the petitioner was found transporting 420 litres of spirit in a concealed chamber in a Van. The petitioner was driving the Van. The petitioner was arrested on 7/1/2010 and he was remanded to judicial custody. 4. The Bail Application is vehemently opposed by the learned Public Prosecutor. The investigation revealed that the petitioner had brought the spirit from Thenkasi in Tamil Nadu and that the spirit was taken from one Sakthi of Thenkasi. The learned Public Prosecutor submitted that the investigating officer would be taking steps to find out the source from where the spirit was being taken and the appropriate person B.A. No. 731 /2010 2 would be made an accused in the case. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. 5. In the facts and circumstances of the case, the investigating officer has to find out from where the spirit was brought, who had provided the spirit and whether there was a racket behind these activities. If necessary, the persons concerned should be made accused in the case. If the petitioner is released on bail at this stage, the investigating officer may not be successful in taking the aforesaid steps. 6. In the facts and circumstances of the case mentioned above, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. Issue copy to both sides. K.T. SANKARAN, JUDGE scm