IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 4123 of 2009() ---------- ----------------------------- CMP.112/2009 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO. 112/2009 OF KARUNAGAPPALLY EXCISE RANGE ........................... ACCUSED: ---------------- RAJU, S/O.MADHAVAN, VALLATHARA THEKKATHIL HOUSE, VADAKKU KOCHUMURI, PUTHUPPALLY VILLAGE, KARTHIKAPPALLY, KOLLAM DISTRICT. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ----------------------- B.A. No. 4123 of 2009 --------------------------- Dated this the 29th day of 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 fourth accused in Crime No. 112/2009 of Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 8 (1) and (2) and Section 55(g) of the Abkari Act. 3. The prosecution case is that on 8.7.2009, the Excise officials found the second accused engaged in transporting 200 litres of arrack in an Autorickshaw. On the basis of information given by the second accused, a search was conducted in the house of the 4th accused. It was found that the fourth accused was keeping arrack, wash, apparatus and utensils used for distilling 50 litres of arrack and 110 litres of wash. The fourth accused was arrested on 08.07.2009 and he is in judicial custody. 4. Large quantity of arrack is involved in the case. The investigation of the case is not over. If the petitioner is released B.A. No. 4123 /2009 2 on bail at this stage,it would affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln