IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4407 of 2009 C.R.NO.40 OF 2009 OF AMARAVILA EXCISE RANGE, TRIVANDRUM CMP.6100/2009 of J.M.F.C.-II,NEYYATTINKARA PETITIONERS: ACCUSED 1&2: -------------------------------- 1. SAJEEV, AGED 23 YEARS, S/O.DINESAN, RESIDING AT KOTTUKUNNAM EDAVAMPARAMBU COLONY, VENJARAMOODU DESOM, NELLANADU VILLAGE, NEDUMANGADU TALUK. 2. SAJI, AGED 29 YEARS, S/O.MOHANAN, THOTTINKARA VEEDU, IYITHIVARUKADU KOTTAKKAKAM DESOM, ARYANADU VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4407 OF 2009 ------------------------------------------------------ Dated this the 10th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in C.R.No.40 of 2009 of Amaravila Excise Range. 2. The offences alleged against the petitioners are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 20.6.2009, the accused persons were found transporting 594 litres of spirit in a Maruti car. The petitioners were arrested on the spot. They are in judicial custody. 4. The investigation of the case is not over. If the petitioners are released on bail at this stage, it would affect the proper investigation of the case. Large quantity of spirit is involved in the case. It is also likely that if the petitioners are released, they may B.A. NO. 4407 OF 2009 :: 2 :: indulge in similar criminal activities as the festival of Onam is fast approaching. It is to be noted that during festival seasons the tragedy due to consuming illicit liquor is being reported every year. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/