IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Bail Appl..No. 5690 of 2011() ----------------------------------------- CRIME NO.465/2011 OF ANGAMALY POLICE STATION, ERNAKULAM DISTRICT ------------------------------ PETITIONER/ACCUSED NO.3 ------------------------------------------- PRAVEEN,AGED 29 YEARS,S/O.PREMJI(MOHAN), KARTHIKA(H)THAMALLAKKAL,KARTHIKAPALLY,ALAPPUZHA. BY ADV. SRI.SREEJITH S.NAIR RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No.5690 OF 2011 --------------------------------- Dated this the 20th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 3rd accused 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 petitioner (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 B.A.No.5690 OF 2011 2 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 petitioner to provide a pilot vehicle also for the smooth operation of transportation of spirit. The pilot vehicle was also provided. It is alleged that the petitioner was aware of the illegal transportation of spirit from Tamil Nadu to Kerala. The petitioner was arrested on 2.7.2011 and he was 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 petitioner is released on bail, it would adversely affect the proper investigation of the case. The learned Public Prosecutor also submitted that the petitioner is involved in Crime No.1063 of 2009 of Pandalam Police Station for the offences under Sections 379 and 411 of the Indian Penal Code. 5. In the facts and circumstances mentioned above, I do not think that the bail can be granted to the petitioner at this stage. The investigation is progressing. If bail is granted to the B.A.No.5690 OF 2011 3 petitioner, there is a likelihood of the petitioner 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 cms