IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Bail Appl..No. 9215 of 2011() ----------------------------------- CRMP.10299/2011 of J.M.F.C.-I, PUNALUR .................... IN CRME NO.401/2009 OF ANCHAL POLICE STATION (S): PETITIONER/ACCUSED -------------------------------------- SHALU, AGED 38 YEARS, S/O.RAVEENDRAN, GREESHMA BHAVAN, MELAKKATTU MURI, KOTTUKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADVS. SRI.K.V.ANIL KUMAR SRI.L.Y.SANGEETH RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLAM DISTRICT. BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO.9215 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 401 of 2009 of Anchal Police Station. 2. The offences alleged against the petitioner are under Section 55(a) of the Abkari Act and Sections 109, 120B, 201 and 471 of the Indian Penal Code. 3. The prosecution case is that on 08/08/2009, the Sub Inspector of Police found 8 persons filling spirit in different vehicles parked in the premises of a driving school run by accused No. 1. A total quantity of 3530 liters of spirit was found in 98 cans. One of the vehicles belongs to the petitioner herein . The petitioner could not be arrested as B.A.No.9215/2011 -2- he ran away. According to the prosecution, the petitioner was absconding for more than two years. Later he filed an application for anticipatory bail and as per the directions issued by this Court, he surrendered before the investigating officer. Accordingly, he was arrested on 25/10/2011. 4. The quantity of spirit involved is large. The petitioner was not available for more than two years and therefore the investigation could not be completed. Even now all the accused persons are not arrested. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also most likely that the petitioner would make himself scarce and flee from justice. There is also likelihood of the witnesses being harassed, humiliated or influenced by the petitioner, if he is released on bail. B.A.No.9215/2011 -3- For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE. ds