IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5765 of 2011() ----------------------------- CMP.1439/2011 of J.M.F.C.-II, ALUVA CRIME NO.465/2011 OF ANGAMALY POLICE STATION .................... PETITIONERS/ACCUSED NO.4 & 5 ------------------------------ 1. MANU, S/O. JOSEPH, KOCHIKKARAN HOUSE, ARAPPARA JALEELMUKKU, KARAKKURISSY, PALAKKAD. 2. JIJO, S/O. GEORGE, PERIYIL HOUSE, ARAPPARA JALEELMUKKU, KARAKKURISSY, PALAKKAD. BY ADV. SRI.SREEJITH S.NAIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5765 of 2011 ---------------------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in Crime No.465 of 2011 of the Angamaly 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 27.3.2011 at 8.30 A.M, when the police party asked the driver of a Honda city car to stop at Angamaly, the car was not stopped. Later, it was seen that the car was abandoned in a private property. A quantity of 805 litres of spirit was seized from the car. Investigation revealed that the 1st accused contacted the 3rd accused and requested him to provide a car for transporting spirit from Tamil Nadu. Accused Nos.1 and 3 went to Kozhikode, met the 6th accused, who is a vehicle broker and arranged the car with the help of the accused Nos.7 and 8. The investigation also revealed that the 2nd accused requested the 3rd accused to provide a pilot vehicle also for the smooth operation of transportation of spirit. The pilot vehicle was Bail Appln.No.5765/2011 : 2 : also provided. It is alleged that the 3rd accused was aware of the illegal transportation of spirit from Tamil Nadu to Kerala. The petitioners were arrested on 02.07.2011 and they were remanded to judicial custody. 4. The Bail Application is vehemently opposed by the learned Public Prosecutor. It is submitted that the investigation is at the initial stage and if the petitioners are released on bail, it would adversely affect the proper investigation of the case. 5. In the facts and circumstances mentioned above, I do not think that bail can be granted to the petitioners at this stage. The investigation is progressing. If bail is granted to the petitioners, there is a likelihood of the petitioners intimidating and influencing the prosecution witnesses. The offence is of a serious nature. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj