IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5278 of 2011() ---------------------------------------- CRIME NO.139/2011 OF VEEYAPURAM POLICE STATION, ALAPPUZHA DISTRICT ------------------------------------- PETITIONERS/ACCUSED NOS.1 & 2 ---------------------------------------------------- 1. ANU BABU, AGED 45 YEARS,W/O.BABU, MEENATHERIL VEETIL,VEEYAPURAM PANCHAYATH, WARD NO.1,VEEYAPURAM VILLAGE, ALAPPUZHA DISTRICT. 2. ROBIN, AGD 24 YEARS,S/O.BABU,MEENATHERIL VEETIL,VEYAPURAM PANCHAYATH,WARD NO.1, VEEYAPURAM VILLAGE,ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT --------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-31 BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No.5278 OF 2011 --------------------------------- Dated this the 7th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.139 of 2011 of the Veeyapuram Police Station. 2.The offences alleged against the petitioners are under Sections 55 (a) & (i) of the Abkari Act and Section 353 read with Section 34 of the Indian Penal Code. 3.The prosecution case is that on 26.6.2011, the accused persons were found engaged in the sale of liquor at their residence. When the police party came to the scene of occurrence, the accused poured out the liquor from the bottle and the second accused prevented the police from discharging their duties. The petitioners were arrested on 26.6.2011 and they are in judicial custody since then. 4. Taking into account the facts and circumstances of the case and the gravity of the offence, it is not proper to B.A.No.5278 OF 2011 2 grant bail at this stage. The investigation is at the initial stage. If bail is granted to the petitioners at this stage, it would adversely affect the investigation of the case. Therefore, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms