IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 Bail Appl..No. 2224 of 2010() ----------------------------- CMP.546/2010 of J.M.F.C.-II,TRIVANDRUM .................... CRIME NO.461/09 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ................. PETITIONER/2ND ACCUSED: ------------------------------------------ SUNILKUMAR,S/O.THANKAPPAN,SULOCHANA BHAVAN,SANTHIPURAM,RUSSELPURAM.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE,POONTHURA POLICE STATION,THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANSAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ------------------------------- Bail Application No.2224 of 2010 ------------------------------- Dated this the 16th day of April, 2010. O R D E R This is a regular bail application preferred by the 2nd accused in Crime No.461/09 of Poonthura Police Station. 2. The prosecution case is that Poonthura Police detected a car bearing Regn.No.KL22A-4586 in an abandoned stage and on verification of the same they further found that a can contain 70 ltrs. of spirit. The car was though owned by the 1st accused, the same was let out to the petitioner/2nd accused. Though the 1st accused was arrested, as the petitioner who is the 2nd accused was absconding, he could not be arrested on an earlier occasion. But subsequently he was arrested on 3.3.2003. 3. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 4. Having regard to the nature of the offence alleged against the petitioner and the involvement of the huge quantity of spirit, I am of the view that, it is not a fit case to grant bail to the petitioner at this stage, especially when the investigation is Bail Application No.2224 of 2010 2 in progress. In the result, there is no merit in the petition and accordingly the same is dismissed. V.K.MOHANAN, Judge. ami/