IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5499 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4682/2010 Dated 22/06/2011 CMP.5164/2011 of J.M.F.C.,KASARAGOD CRIME NO.411/2011 OF MANJESHWAR POLICE STATION .................... PETITIONER/ACCUSED ------------------- ANIL RAJ, S/O.CHANDU, KAVITHA NILAYA, ANGADIPPADAVU, BANGRA MANJESHWAR, KASARAGODE. BY ADV. SRI.P.K.ANIL RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5499 of 2011 ---------------------------------------------- Dated this the 13th day of July, 2011 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.411 of 2011 of Manjeshwar Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 01/06/2011 while the Sub Inspector of Police, Manjeshwar Police Station was on patrol duty, they found that the accused persons were transporting Indian Made Foreign Liquor in three vehicles. A total quantity of 1362 bottles of foreign liquor (each bottle contained 180 ml) were seized. Petitioner was arrested on 04/07/2011. He could not be arrested on the spot as he ran away. 4. The investigation is at the initial stage. If the petitioner is released on bail at this stage, he is likely to tamper with evidence and influence the prosecution witnesses. There is also likelihood of the petitioner making himself scarce. Bail Appln.No.5499/2011 : 2 : 5. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where bail can be granted at this stage. Accordingly, this Bail Application is dismissed. K.T.SANKARAN, JUDGE skj