IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 Bail Appl..No. 3351 of 2009() ----------------------------- CMP.1872/2009 IN CRIME NO.22/2009 OF NEYYATINKARA EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- AJITH,AGED 25 YEARS,S/O.CHANDRAN, NEAR SUBRAMANYA TEMPLE,UDAYAGIRI,MELEMOOD, PERINGANAD VILLAGE,ADOOR TALUK. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): STATE -------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3351 of 2009 -------------------------------- Dated this the 22nd day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.22 of 2009 of Neyyattinkara Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that the petitioner was found transporting about 825 litres of spirit in 25 cans of 35 litres capacity. The cans were kept in a secret chamber of the mini lorry bearing registration No.TN-43-8850. The petitioner was arrested on the same day and he is in judicial custody. The application for bail submitted by the petitioner before the learned Magistrate was rejected on 26.5.2009. 4. The learned public prosecutor opposed the Bail Application. 5. It is submitted by the learned public prosecutor that the investigation of the case is in progress. The involvement of the other accused persons is suspected. If the petitioner is released on bail at this stage, it would seriously affect the proper investigation of the BA No.3351/2009 2 case. It is also likely, submits the public prosecutor, that the petitioner may tamper with the evidence and try to influence or intimidate the witnesses. 6. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl