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. 4044 of 2009() ---------------------------------------- CRIME NO. 39/2009 OF PERUMBAVOOR EXCISE RANGE .................... PETITIONER/1ST ACCUSED: --------------------------------------- ANEESHKUMAR, S/O. NARAYANAN, PINAKKANAPPADI HOUSE, PADIKKALEPPARA, IYMURI, KOOVAPPADY, PERUMBAVOOR. BY ADV. SRI. T.M. RAMAN KARTHA RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, PERUMBAVOOR RANGE BY SRI. M.S.BREEZ 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. 4044 of 2009 ------------------------------------ Dated this the 24th 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 first accused in Crime No.39/2009 of Perumbavoor Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 11.06.2009, a Tata Sumo car in which a quantity of 1073 litres of spirit was stored, was found in the residential compound of the first accused. The Car belongs to the second accused. It is alleged that third accused is also involved in the offence. The petitioner was arrested on 11.06.2009 and he is in judicial custody. 4. The learned Public Prosecutor vehementally opposed the application. The quantity of spirit involved in the case is quite large. The investigation is not completed. The learned Public Prosecutor submitted that If the petitioner is released on bail at this stage, it would affect the proper investigation B.A.No. 4044 of 2009 2 of the case. There is substance in the submission made by the learned Public Prosecutor. If the petitioner is released on bail, there is every likelihood of the witnesses being influenced or intimidated by him. A t this stage, I am not inclined to grant bail to the petitioner. The Bail application is accordingly dismissed. K.T. SANKARAN, JUDGE ln