IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 4010 of 2009() ----------------------------- CRIME NO.481/09 OF KAYAMKULAM POLICE STATION PETITIONERS/ACCUSED 6,7,8 AND 9 --------------------------------------------------- 1. SHINE MON, AGED 23, S/O.BALAKRISHNAN, PUNCHAYIL HOUSE, VADAKKANCHERI PANCHAYATH, MELMBAD DESOM, VADAKKANCHERI VILLAGE, THRISSUR DISTRICT. 2. FYSAL, AGED 24, S/O.ABDULLA, PATTACHALIL VEEDU, ERUMAPPETTI PANCHAYATH, CHITTANDA DESOM, KUNDAALLUR VILLAGE, THRISSUR DISTRICT. 3. ARUNDAS, AGED 21, S/O.MADANAN, EZHUTHACHAN VALAPPIL VEEDU, KUMARANALLUR DESOM, VADAKKANCHERI VILLAGE, THRISSUR DISTRICT. 4. RADHAKRISHNAN, AGED 30, S/O.VIJAYAN, MNAGATTU HOUSE, VADAKKANCHERI PANCHAYATH, ENKAKKAD DESOM, ENKAKKAD VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.P.SREEKUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2009, ALONG WITH B.A.NO.4011/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ B.A.Nos.4010 & 4011 of 2009 ------------------------------------- Dated this the 23rd day of July, 2009 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioners in B.A.No.4010 of 2009 are accused Nos.6, 7, 8 and 9 and petitioners in B.A.No.4011 of 2009 are accused Nos.4 and 5 in Crime No.481 of 2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 8(1) and (2) and 55(a) of the Abkari Act and Section 120B of the Indian Penal Code. 3. The prosecution case is that on 18.6.2009, an Innova car, of which the fourth accused is the owner, was intercepted by the police, in which 700 litres of spirit in 20 cans were found. The persons in the vehicle ran away. The police also found the RC Book and a mobile phone in the vehicle. The case of the prosecution is that the first accused is regularly involved in dealing with spirit and that he is involved in other cases also. The further allegation is that the fourth accused, knowing fully well that his vehicle was being used for transporting spirit, had given on rent his vehicle to the first accused. BA Nos.4010 & 4011/2009 2 The other accused are stated to be persons who are parties to the illegal transport of spirit and persons who shared the profit of the business. The petitioners were arrested on 20.6.2009 and they are in judicial custody. 4. The petitioners had filed B.A.Nos.3699 and 3661 of 2009 which were dismissed by the order dated 8th July 2009. There is no change of circumstances warranting the grant of bail at this stage. The Bail Applications are accordingly dismissed. K.T.SANKARAN, JUDGE csl