IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 529 of 2010() ---------------------------- CRIME NO.1238/2009 OF ADOOR POLICE STATION, PATHANAMTHITTA .................... PETITIONER/ACCUSED -------------------------------------- ANILKUMAR @ ANI, S/O. NELSON, ANOOP BHAVAN, MARIYAPURAM DESOM, CHENKALLU VILLAGE, FROM THERUVU VEEDU, UDIYANKULANGARA DESOM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.529 of 2010 --------------------------------------------- Dated this the 4th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1238 of 2009 of Adoor Police Station. 2. The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 29.11.2009, the petitioner transported 5985 litres of spirit in a lorry. The spirit was brought from Tamil Nadu. In the check post, the petitioner declared that the vehicle contained vegetables. The spirit was kept concealed in jars beneath the vegetables. Later, the lorry was found in an abandoned stage near Adoor. The people of the locality reported the matter to the police. The police inspected the lorry. It was found that spirit was kept concealed underneath the vegetables. The petitioner was arrested on 14.12.2009. He was remanded to judicial custody on 15.12.2009. 4. The offence alleged against the petitioner is very serious in nature. Transport of spirit to the State of Kerala is BA No.529/2010 2 rampant recently. Several crimes are being registered for transport of spirit in large quantities. It is stated that the spirit is being used for manufacture of spurious liquor and for adding the same in toddy. 5. The investigation is not over. If the petitioner is released on bail, it would adversely affect the smooth investigation of the case. The learned Public Prosecutor submitted that other persons are also suspected to be involved in the case. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that the petitioner can be released on bail at this stage. If the petitioner is released on bail, he is likely to indulge in similar criminal activities. It is also likely that he may try to influence and intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl