IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5604 of 2011 CMP.5136/2011 OF J.M.F.C.I, KASARAGOD CRIME NO.25 OF 2011 OF KUMBLA EXCISE RANGE, KASARAGOD. PETITIONER/IST ACCUSED ------------------------------------------ LATHEEF,S/O.MUHAMMED, AGED 32 YEARS, NOUFAL MANZIL,AJITHKUMERI DESOM, KODAL MARKKALA VILLAGE, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN SRI.T.R.TARIN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. EXCISE RANGE OFFICER, KUMBLA EXCISE RANGE 673 121. 2. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5604 OF 2011 ------------------------------------------------------ Dated this the 22nd day of July, 2011 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.25 of 2011 of Kumbla Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55 (a) and 64A of the Abkari Act. 3. The prosecution case is that on getting information that accused Nos.1 and 2 had stored large quantity of Indian made foreign liquor in a house, the Excise party made a search in the house. A quantity of 216 litres of Indian made foreign liquor in 1200 bottles, each bottle containing 180 ml., was seized by the Excise party. The petitioner could not be arrested as he was not available. The petitioner was arrested in another case and while he was in judicial custody in the other case, his formal arrest was recorded in the present case on 30.6.2011. BAIL APPL. NO.5604 OF 2011 :: 2 :: 4. The learned counsel for the petitioner submitted that the house does not belong to accused No.1 and there is no material to connect the petitioner with the offence. Learned Public Prosecutor submitted that the building belongs to the brother of accused No.2 and that accused Nos.1 and 2 together stored the contraband in that house. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the quantity of Indian made foreign liquor involved in the case, I do not think it is proper to release the petitioner on bail at this stage. The investigation is in progress. If, at this stage, the petitioner is released on bail, it would adversely affect the proper investigation of the case. It is also likely that the petitioner may indulge in activities to intimidate or influence the prosecution witnesses. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/