IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3699 of 2009 CRIME NO.481 OF 2009 OF KAYAMKULAM POLICE STATION CMP.NOS.10528, 10529,10530,& 10531/2009 OF J.M.F.C., KAYAMKULAM PETITIONERS/ACCUSED --------------------------------------- 1. SHINE MON,AGED 23,S/O. BALAKRISHNAN, PUNCHAYIL HOUSE, VADAKANCHERI PANCHAYATH, MELMBAD DESAM, VADAKKANCHERI VILLAGE, THRISSUR DISTRICT. 2. FYSAL AGED 24,S/O.ABDULLA, PATTACHALIL VEEDU, ERUMAPPETTI PANCHAYATH, CHITTANDA DESOM,KUNDAALLUR VILLAGE, THRISSUR DISTRICT. 3. ARUNDAS, AGED 21 YEARS, S/O. MADANAN, EZHUTHACHAN VALAPPIL VEEDU,KUMARANALLUR DESOM, VADAKKANCHERI VILLAGE, THRISSUR DIST. 4. RADHAKRISHNAN,AGED 30, S/O. VIJAYAN, MNAGATTU HOSUE,VADAKKANCHERI, PANCHAYATH, ENKAKKAD DESOM,ENKAKKAD VILLAGE THRISSUR DISTRICT. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: COMPLAINANT -------------------------- 1. CIRCLE INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2009, ALONGWITH B.A.NO.3661 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS. 3699 AND 3661 OF 2009 ------------------------------------------------------ Dated this the 8th July, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioners in B.A.No.3699 of 2009 are accused Nos.6, 7, 8 and 9 and petitioners in B.A.No.3661 of 2009 are accused Nos.4 and 5 in Crime No.481 of 2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 8(1) and (2) and 55(a) of the Abkari Act and Section 120B of the Indian Penal Code. 3. The prosecution case is that on 18.6.2009, an Innova car, of which the fourth accused is the owner, was intercepted by the police, in which 700 litres of spirit in 20 cans were found. The persons in the vehicle ran away. The police also found the RC Book and a mobile phone in the vehicle. The case of the prosecution is that the first accused is regularly involved in dealing with spirit and that he is involved in other cases also. The further allegation is that the fourth accused, knowing fully well that his vehicle was being used for transporting spirit, had given on rent his vehicle to the first accused. The other accused are stated to be B.A. NOS.3699 AND 3661 OF 2009 :: 2 :: persons who are parties to the illegal transport of spirit and persons who shared the profit of the business. The petitioners were arrested on 20.6.2009 and they are in judicial custody. 4. Learned Public Prosecutor opposed the Bail Applications. He submitted that the investigation is at the initial stage. If the petitioners are released on bail at this stage, it would seriously affect the proper and smooth conduct of the investigation. Learned Public Prosecutor also submitted that if the petitioners are released on bail, there is every likelihood of the witnesses being influenced or intimidated by them. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature and gravity of the offence and also the submissions made by the learned Public Prosecutor, I do not think that the petitioners are entitled to be released on bail at this stage. These Bail Applications are accordingly dismissed. (K.T.SANKARAN) Judge ahz/