IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH APRIL 2008 / 27TH CHAITHRA 1930 Bail Appl..No. 2347 of 2008(A) ---------------------------------- CRIME NO. 19/2008 of KARUNAGAPPILY EXCISE RANGE. PETITIONERS : ACCUSED NO.1 TO 4 1. DHAMODARAN, S/O.KARIKUTTY CHERAVALLOOR KONDAYIL VEETTIL KALPAKAM CHERRY, KUTTIPURAM, TIROOR TALUK MALAPPURAM. 2. DILEEP, S/O.SANKARAN KARUVAKODE HOUSE, VAIPALLIKKARA, VAIKOM POST KASARGODU. 3. BABU, S/O.VISWANATHAN VAZHAVILAPPU VEETTIL, KANCHAGAD, KALLAR HOSADURGG TALUK, KASARGODU. 4. AZEEZ, S/O.BEERAN, KALIYODAN VEETTIL KODAKKAL B.P., ANGADIYIL, THIRROR TALUK MALAPPURAM. 5. AZEEZ, S/O.BEERAN, KALIYODAN VEETTIL KODAKKAL B.P., ANGADIYIL, THIRROR TALUK MALAPPURAM. BY ADV. SRI.K.ANAND RESPONDENTS: COMPLAINANT 1. EXCISE INSPECTOR KARUNAGAPPILLY RANGE, KARUNAGAPPILLY. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI. C.M. NAZAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ----------------------------------------------- B.A. No. 2347 OF 2008 ----------------------------------------------- Dated this the 16th day of April, 2008 JUDGMENT This petition is filed under Section 439 of the Code of Criminal Procedure, by the four accused in Crime No. 19 of 2008 of Karunagappilly Excise Range. The offence alleged against the petitioners are under Sections 55(a) and 67 of the Abkari Act. The petitioners were arrested on 28.01.08 7458 liters of spirit was seized while they were transporting it in a fishing boat. Considering the nature of the offence, the quantity of the spirit seized and the stage of investigation, petitioners are not entitled to be released on bail at this stage. Hence, the Application is dismissed. M. SASIDHARAN NAMBIAR, JUDGE ttb