IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5491 of 2009 CRIME NO.314 OF 2009 OF ALATHUR POLICE STATION PETITIONER: ACCUSED: ------------------------------ RAJESH, AGED 31 YEARS, S/O.KUTTAN KANJIKKANVEEDU, PUTHIYAVILAMURI, KANDALLUR, KARTHIKAPALLI, ALAPPUZHA. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5491 OF 2009 ------------------------------------------------------ Dated this the 25th day of September, 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.314 of 2009 of Alathur 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 25.6.2009, a quantity of 700 litres of spirit was transported by accused Nos.2 to 4. The allegation is that the petitioner directed accused Nos.2 to 4 to transport the contraband. The vehicle belongs to the petitioner. 4. The petitioner was arrested on 7.8.2009 and he is in judicial custody. Learned Public Prosecutor opposed the Bail Application. He submitted that the investigation is at the initial stage. Accused Nos.2 to 4 are not yet arrested. If the petitioner is released on bail at B.A. NO. 5491 OF 2009 :: 2 :: this stage, it would seriously affect the proper investigation of the case, submits the learned Public Prosecutor. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/