IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Bail Appl..No. 8389 of 2011() ----------------------------- CMP.8349/2011 of J.M.F.C.,KASARAGOD Crime No.56 of 2011 of Badiadka Excise Range, Kasaragod District .................... PETITIONER/ACCUSED -------------------------------------- 1. ROBERT LOBO, S/O.LATE SAVER LOBO, AGED 32 YEARS, MARUTHAMBAYAL DESOM, CHENGALA VILLAGE, KASARAGOD TALUK. 2. SHANKARA @ ADRU, AGED 60 YEARS, S/O.LATE CHUKRAN, ANNAPALLADUKKA, KILINGAR, NEERACHAL VILLAGE, KASARAGOD TALUK. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH SMT.P.M.SHIJI RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8389 OF 2011 --------------------------------- Dated this the 18th day of October , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.56 of 2011 of Badiadka Excise Range, Kasaragod District. 2.The offence alleged against the petitioners is under Section 55 (a) & (i) of the Abkari Act. 3.The prosecution case is that on 28.9.2011, the petitioners were found transporting 35 litres of spirit. They were arrested on 28.9.2011 and they were remanded to judicial custody. 4.The allegations levelled are grave in nature. The B.A.No. 8389 OF 2011 2 investigation is in progress. Taking into account the facts and circumstances of the case and the nature and gravity of the offence, I am not inclined to grant bail to the petitioners at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE cms