IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7881 of 2011 CRIME NO.52 OF 2011 OF PAZHAYANNUR EXCISE RANGE, THRISSUR. PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. GOPALAN, AGED 51 YEARS, S/O.CHAMI NAIDU, VADAKKETHIL HOUSE, PATTIPARAMBU DESOM, THIRUVILLAWAMALA VILLAGE, THALAPPILLY TALUK. 2. RADHAKRISHNAN, AGED 39 YEARS, S/O.RAMANKUTTY NAIDU, MELUPURATHU HOUSE, PATTIPARAMBU DESOM, THIRUVILLWAMALA VILLAGE, THALAPPILLY TALUK. 3. THANKAN @ NARAYANANKUTTI, AGED 55 YEARS, S/O.LAKSHMANAN, MELUPURATHU HOUSE, PATTIPARAMBU DESOM, THIRUVILLWAMALA VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.C.A.CHACKO RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PAZHAYANNUR EXCISE RANGE, THRISSUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7881 OF 2011 ------------------------------------------------------ Dated this the 30th day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.52 of 2011 of Pazhayannur Excise Range, Thrissur District. 2. The offence alleged against the petitioners is under Section 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 18.9.2011, the petitioners were found transporting for sale a quantity of 27 litres of Indian made foreign liquor in a goods autorickshaw. The petitioners were arrested on 18.9.2011 and they were remanded to judicial custody. 4. Learned Public Prosecutor submitted that accused No.1 is involved in two other cases. It is also submitted that the investigation is at the initial stage. BAIL APPL. NO.7881 OF 2011 :: 2 :: 5. Taking into account the nature and gravity of the offence and the present stage of investigation, I am not inclined to grant bail to the petitioners at this stage. If bail is granted to the petitioners at this stage, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/