IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4043 of 2009() ------------------------------------ CMP.1567/2009 of J.M.F.C.-II,HOSDRUG CRIME NO. 91/2009 OF CHITTARIKKAL POLICE STATION .................... PETITIONER/ACCUSED NO.3: ------------------------------------------- N.BASHEER,S/O.MUHAMMED KUNHI,AGED 34 YRS KANNAMTHODY,PERUMPATTA. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY SRI. V.TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ----------------------- B.A. No. 4043 & 4062 of 2009 ------------------------------------ Dated this the 24th day of July, 2009 O R D E R Bail Application 4043/2009 is filed by the third accused while Bail Application 4062/2009 is filed by the accused Nos. 1 and 2 in Crime No. 91/2009 of Chittarikkal Police Station. These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. 2. The offence alleged against the petitioners is under Section 55 (i) of the Abkari Act. 3. The prosecution case is that on 11.07.2009, the accused persons were found engaged in the sale of 5.430 litres of Indian made foreign liquor in an Autorikshaw, run by the third accused. The accused persons were arrested on 11.07.2009 and they are in judicial custody. The investigation is at the initial stage. 4. Taking into account the facts and circumstances of the case, the nature of the offence and the present stage of investigation, I am not inclined to grant bail to the petitioners at this stage. The Bail Applications are accordingly dismissed. K.T. SANKARAN, JUDGE. ln