IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8532 of 2011 CRIME NO.49 OF 2011 OF KUMBLA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SUDHAKARA RAI P., S/O. VENKAPPA RAI, AGED 45 YEARS, PARINCHA HOUSE, PARINCHA DESOM, BADOOR VILLAGE, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- THE EXCISE RANGE OFFICER, KUMBLA EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8532 OF 2011 ------------------------------------------------------ Dated this the 21st day of October, 2011 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 C.R.No.49 of 2011 of Kumbla 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 6.10.2011, the petitioner was found transporting a quantity of 64 litres of spirit. The petitioner was arrested on 6.10.2011 and he was remanded to judicial custody. 4. The investigation is in progress. The quantity of spirit involved is a huge quantity. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. BAIL APPL. NO.8532 OF 2011 :: 2 :: In the facts and circumstances of the case, I do not think that this is a fit case where bail can be granted to the petitioner at this stage. The Bail Application is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/