IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5317 of 2009() ----------------------------- CRIME NO.401/2009 OF ANCHAL POLICE STATION, KOLLAM .................... PETITIONER/1ST ACCUSED : ------------------------------------------ KABEER, S/O.MUHAMMED ISMAIL, HILAL MANZIL, ANCHAL KAITHADI, ALAYAMON VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR ANCHAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5317 of 2009 --------------------------------------------- Dated this the 23rd day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.401 of 2009 of Anchal Police Station, Kollam. 2. The offences alleged against the petitioner are under Sections 109 and 120B of the Indian Penal Code and Section 55(a) of the Abkari Act. 3. The prosecution case is that on 8.8.2009, a quantity of 3430 litres of spirit was seized from four vehicles parked in the compound of a driving school owned by the first accused. The first accused was arrested on 11.8.2009. According to the prosecution, 9 persons were involved in the offence. Accused Nos.2 to 6 were arrested subsequently. It is submitted that accused Nos.8 and 9, namely, Kannan and Farooq are the persons who supplied the spirit to the other accused. Kannan and Farooq are not arrested so far. They are somewhere in Bangalore, submits the learned Public Prosecutor. It is also BA No.5317/2009 2 submitted that there is a racket involved in dealing with large quantities of spirit and the petitioner is also a party of the same. The investigation is in progress. 4. I do not think that it is proper and safe to release the petitioner on bail at this stage. If the petitioner is released on bail, it would seriously affect the proper investigation of the case. It is also likely that the prosecution may be unable to arrest Kannan and Farooq, if the petitioner is released on bail at this stage. For the aforesaid reasons, the Bail application is dismissed. K.T.SANKARAN, JUDGE csl