IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 4120 of 2009 CRIME NO.238 OF 2009 OF KASABA POLICE STATION, PALAKKAD CRMP.1992/2009 OF SESSIONS COURT, PALAKKAD APPLICANT/ACCUSED ------------------------------------- SUDEEPKUMAR E.S., S/O.SUKUMARAN, ERUMATHURUTHIL HOUSE, MANNATHIKULAM, IRINJALAKUDA P.O., THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE S.I. OF POLICE, KASABA POLICE STATION, PALAKKAD. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4120 OF 2009 ------------------------------------------------------ Dated this the 28th July, 2009 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.238 of 2009 of the Kasaba Police Station, Palakkad District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 1.7.2009 at 5.45 PM, the petitioner was found transporting 700 litres of spirit in a car. The petitioner was coming from Thrissur to Coimbatore. The car was intercepted at Chandranagar, Palakkad. When the police directed the petitioner to stop the vehicle he did not obey. Later, the police party followed the vehicle and it was intercepted. Inside the car, the spirit was stored in twenty cans and it was kept covered with a cloth. A tyre was also found placed over the cans. It is stated that the petitioner is a student of Master Diploma in Interior Architectural Designing. He was arrested and produced before court. He was B.A. NO. 4120 OF 2009 :: 2 :: remanded to judicial custody. The investigation of the case is not over. 4. Learned Public Prosecutor submitted that there are three other accused who are involved in the offence. They were travelling in another vehicle piloting the vehicle driven by the petitioner. The other accused persons are yet to be arrested. Large quantity of spirit is involved in the case. The investigation is not completed. Learned Public Prosecutor also submitted that if the petitioner is released on bail at this stage, it would affect the proper and effective investigation of the case. The submission made by the learned Public Prosecutor that it is likely that the petitioner may try to influence the witnesses or intimidate them if the petitioner is released on bail, cannot be said to be without substance. For the aforesaid reasons, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/