IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4926 of 2009() ----------------------------- CR NO.80/2009 OF CHENGANNUR EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- RATHEESH, S/O. RAVEENDHRAN, AGED 30 YEARS, THARAYIL VEEDU, PRAYAR MURI, PADANADU VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4926 of 2009 --------------------------------------------- Dated this the 28th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.80 of 2009 of Chengannur Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 6.8.2009, the petitioner was found in possession of 1½ litres of arrack. He was arrested on 16.8.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in C.R.Nos.52 of 2007, 50 of 2008 and 110 of 2008 of Chengannur Excise Range where the offences are under the Abkari Act. The learned Public Prosecutor submitted the following on written instructions. The petitioner is involved in Crime No.71 of 2003 of Chengannur Police Station where the offences alleged against the petitioner are under Sections 143, 147, 148, 149, 427, 323, 324, 326 and 302 of the Indian Penal BA No.4926/2009 2 Code. The petitioner is regularly engaged in Abkari offences. He makes threat to the witnesses in the case in order to see that they do not give true evidence before court. The petitioner has made a threat that after he comes out of jail, the investigating officer will be killed. 5. In the light of these allegations levelled against the petitioner and also in the light of the uncontroverted facts, I do not think that the petitioner can be granted bail. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl