IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Bail Appl..No. 6364 of 2011() ----------------------------- CMP.1439/2011 of J.M.F.C.-II, ALUVA .................... CRIME NO.465/2011 OF ANGAMALY POLICE STATION, ERNAKULAM PETITIONER -------------------- PRAVEEN,AGED 29 YEARS, S/O.PREMJI(MOHAN) KARTHIKA HOUSE, THAMALLAKKAL, KARTHIKAPALLY, ALAPPUZHA BY ADV. SRI.SREEJITH S.NAIR RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J -------------------------------------- Bail Application No.6364 OF 2011 ----------------------------------------- Dated this the 18th day of August 2011 ORDER Petitioner is the third accused in Crime No.465/2011 of Angamali Police Station, registered for the offence punishable under Section 55(a) of the Abkari Act. 2. The gist of the prosecution case is that on 27-03-2011, at about 8:30 A.M, a police party, on suspicion, gave direction to stop a Honda City Car proceeding through a public road, but, the driver sped away with the vehicle. Later, the vehicle was detected as abandoned, and the search over the vehicle revealed storage of 805 liters of spirit. Crime registered over the detection of the contraband as aforesaid in the vehicle, revealed the complicity of the petitioner, third accused, in the transporting of spirit in that vehicle. It was also revealed that he had arranged and provided a pilot car also to facilitate such illicit transporting of spirit in the above motor vehicle. Petitioner was arrested on 03-07-2011, but the other accused involved in the crime are stated to be at large. The application moved for bail by the petitioner, previously, had been turned down by this court by order dated 20-07-2011 taking note of the objections raised that his release during the continuation of the investigation will affect its fair completion. B.A No.6364 OF 2011 2 3. I heard the learned counsel for the petitioner and also the Public Prosecutor. The investigation is only in the early stage and the other accused involved in the crime are yet to be apprehended and release of the petitioner at this stage will not be conducive to justice, is the submission of the Public Prosecutor, opposing the bail application. The petitioner is also involved in another crime for offences under Sections 397 and 411 of the Indian Penal Code is also pointed out by the Public Prosecutor to contend that if he is released on bail, the commission of offences of similar nature, including illicit transporting of spirit, is more possible. Looking into the totality of the facts and circumstances presented and also the previous order passed by this court, copy of which is produced as Annexure A6, I find no change of circumstances enabling the petitioner to seek bail at this stage when the investigation is still continuing over the crime. Bail application is dismissed with liberty to the petitioner to move afresh after a span of three weeks, if there is change of circumstances. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True copy// P.A to Judge