IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 550 of 2010() --------------------------------------- CRIME NO.547/2009 OF NEYYATINKARA POLICE STATION. .................... PETITIONER/6TH ACCUSED ------------------------------------------ SUBHASH, S/O.BABU, KADUTHARISSI VEEDU, BACK SIDE OF K.V.HOSPITAL, AVANAKUZHI, ATHIYANNOOR VILLAGE AND DESOM. BY ADV. MR.R.GOPAN RESPONDENTS/COMPLAINANTS ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION,THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/02/2010, ALONG WITH BA NO. 947 OF 2010 AND BA NO.969 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. Nos. 550, 947 & 969 of 2010 --------------------------------------------- Dated this the 24th day of February, 2010 O R D E R All these Bail Applications are filed under Section 439 of the Code of Criminal Procedure by the accused in Crime No.547/2009 of Neyyattinkara Police Station. B.A. No.947/2010 is filed by accused No.2, B.A. No.969/2010 is filed by accused Nos. 1 and 3 and B.A. No.550/2010 is filed by accused No.6. 2. The offence alleged against the accused is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 12/8/2009 at 2.30 A.M., the accused persons were found loading a quantity of 1471 litres of spirit in two ambassador cars and in an autorickshaw. Accused No.2 was arrested on 19/1/2010 and accused Nos.1 and 3 were arrested on 22/1/2010. Accused No.6 was arrested on 6/1/2010 in connection with Crime No.215/2009 of Kanjiramkulam Police Station and his formal arrest was recorded in the present case on 13/1/2010. The investigation is in progress. The offence alleged against the petitioners is grave in nature. Large quantity of spirit is B.A. Nos. 550, 947 & 969 of 2010 2 involved. It is well known that spirit is being used for manufacturing spurious liquor. The 6th accused is involved in another case of similar nature where the allegation is that on 11/8/2009, he was found dealing with 594 litres of spirit. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I do not think that the petitioners are entitled to be released on bail at this stage. If the petitioners are released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that the petitioners may try to tamper with the evidence and intimidate or influence the witnesses. It is also likely that they may indulge in similar criminal activities, if they are released on bail at this stage. For the aforesaid reasons, these Bail Applications are dismissed. K.T. SANKARAN, JUDGE scm