IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5248 of 2009 CRIME NO.74 OF 2007 OF MANJESHWAR POLICE STATION, KASARAGOD PETITIONER: ACCUSED: -------------------- ABDUL JABBAR @ KABADI JABBAR, S/O. IBRAHIM, PATHRATHOTTA HOUSE, VEERAKAMBA GRAMAM, BANDWALL, SOUTH KANNADA DIST, KARNATAKA, NOW RESIDING AT SAHABA MANZIL, DHARMA NAGAR, MAJEERPALLAM, VORKADI, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: --------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5248 OF 2009 ------------------------------------------------------ Dated this the 1st day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the fourth accused in Crime No.74 of 2007 of Manjeshwar Police Station. 2. The offence alleged against the accused persons is under Section 55(a) of the Abkari Act. 3. On 8.3.2007, accused Nos.1 and 2 were found transporting a quantity of 12,145 litres of spirit. The prosecution case is that the spirit was procured by accused Nos.3 and 4 and they entrusted the same for transportation to accused Nos.1 and 2. The petitioner was arrested in connection with another crime and his formal arrest was recorded in the present case on 24.8.2009. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in many other similar cases where large quantity of spirit is involved. The investigation is in progress. B.A. NO. 5248 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case and the allegations levelled against the petitioner, I am of the view that the petitioner cannot be released on bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/