IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Bail Appl..No. 7817 of 2011(B) ----------------------------- CRIME No.237/2008 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA. PETITIONER/ACCUSED -------------------------------------- PREJITH,S/O.RAJAPPAN, VALYAMANNIL HOUSE,IKKUZHI,MUNDIYAPALLI MURIYIL, KAVIYOOR,THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT/RESPONDENT --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7817 OF 2011 --------------------------------- Dated this the 29th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.237 of 2008 of Pulikeezhu Police Station, Pathanamthitta District. 2.The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3.The prosecution case is that on 4.10.2008, the accused persons transported 385 litres of spirit in a maruthi car. The car was intercepted by the police. At that time the accused persons escaped and they could not be arrested. The petitioner could be arrested only on 17.8.2011. He is in judicial custody since 17.8.2011. Huge quantity of spirit was allegedly transported by the accused. 4. The allegations are grave in nature. The investigation is not over. The petitioner could not be arrested for more than three years. If the petitioner is released on bail at this stage, it is most likely that he would make himself scarce. B.A.No.7817 OF 2011 2 For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms