IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4221 of 2009() --------------------------------------- MP.2421/2009 of J.M.F.C.,PERUMBAVOOR C.R.NO. 39/2009 OF PERUMBAVOOR EXCISE RANGE, ERNAKULAM DISTRICT .................... PETITIONERS : --------------------- 1. REJIKUMAR, S/O.GOPALAKRISHNAN, MADATHUMALIL VEEDU, THANDEKKAD KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK. 2. SANTHOSH, S/O. THANKAPPAN, PUNATHIL VEEDU, PADIPPARA DESOM, PONJASSERY, ARACKAPPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI. NIREESH MATHEW RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ----------------------- B.A. No. 4221 of 2009 --------------------------- Dated this the 3rd day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 3 in C.R.No.39/2009 of Perumbavoor Excise Range. 2. The offences alleged against the petitioners are under Sections 55(a) and 58 of the Abkari Act. 3. A quantity of 1023 litres of spirit was seized from the house of the first accused on 11.06.2009. He was arrested on the same day. 4. The prosecution case is that accused Nos. 2, 3 and 4 are the persons who had arranged the first accused for the purpose of transportation of spirit. Accused Nos. 2 and 3 were arrested on 29.06.2009 and they are in judicial custody. The learned counsel for the petitioner submitted that accused Nos. 2 and 3 were implicated in the case only on the basis of the confession statement made by the first accused and there is no other material to connect accused Nos. 2 and 3. . B.A.No. 4221 of 2009 2 5. The learned Public Prosecutor submitted that the investigation of the case reveals that accused Nos. 2 and 3 had close contact with the first accused and that the telephone details would disclose the complicity of accused Nos. 2 and 3 in the offence. It is also submitted by the learned Public Prosecutor that the neighbours who were questioned by the investigating officer revealed that the second accused used to visit the residence of the first accused frequently and that they have close contact with each other. It is also submitted by the learned Public Prosecutor that the accused No.2 is involved in Crime No. 170/07 of Agali Police Station where the offence alleged is transportation of spirit. The second accused herein is the 7th accused in that case. Similarly the third accused in the present case is involved in an offence under Section 302 of the Indian Penal Code, registered as Crime No. 264/2007 of Vadakkekara Police Station. The learned Public Prosecutor submitted that if the petitioners are released on bail, there is every likelihood of their involving in similar prejudicial activities. It is also likely that they may try to influence the witnesses or intimidate them. It is also pointed out that the accused No.4, who also played a main part in the offence, is B.A.No. 4221 of 2009 3 absconding. 6. Taking into account the relevant facts and circumstances of the case, I do not think it is safe to release the petitioners on bail at this stage. If they are released on bail at this stage, it would affect the proper and smooth investigation of the case. It is also likely that they may indulge in prejudicial activities. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln