IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Bail Appl..No. 7803 of 2011() ----------------------------- (CRIME No.68/2011 OF KARTHIKAPPALLY EXCISE RANGE) PETITIONER/ACCUSED No.3 ------------------------------------------ ABHILASH, AGED 33 YEARS S/O.K.R.BOSE, PARVATHI NIVAS, KANDALLUR THEKKU MURI, ARATTUPUZHA VILLAGE ALAPPUZHA DISTRICT. BY ADV. SRI.ARUN CHANDRAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031. 2. THE EXCISE INSPECTOR (CRIME NO.68 OF 2011) KARTHIKAPPALLY EXCISE RANGE, ALAPPUZHA DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7803 of 2011 ---------------------------------------------- Dated this the 29th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in C.R.No.68 of 2011 of Karthikappally Excise Range. 2. The offences alleged against the petitioner are under Sections 8(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 02/08/2011, accused Nos.1 to 3 were found engaged in the distillation of arrack. A quantity of 200 litres of wash was also seized. Accused No.1 ran away. The excise party apprehended accused Nos.2 and 3 on the spot. At that time, a mob of persons rushed to the spot and rescued accused Nos.2 and 3 from the custody of the excise officers. Subsequently, the petitioner (A3) was arrested on 05/09/2011 and he was remanded to judicial custody. 4. The offence alleged is serious in nature. The allegation is that the petitioner and others not only committed the offence but they further committed another offence of Bail Appln.No.7803/2011 : 2 : escaping from the custody of the excise officers. A crime was registered in respect of the same at Thrikkunnappuzha Police Station. This conduct of the petitioner would indicate that if he is released on bail, he would certainly intimidate and influence the prosecution witnesses and tamper with evidence. Therefore, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE skj