IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3517 of 2009() ----------------------------- CRIME NO.122/2009 OF CHOKLI POLICE STATION PETITIONERS (S): ACCUSED 3 AND 5: ------------------------------------ 1. V.HAMSA, S/O.AHAMMEDKUTTY HAJI, AGED 40 YEARS, VAMPAN HOUSE, MUZHAKKUNNU AMSOM, KAKKAYANGAD P.O. 2. T.T.ANTONY, S/O.THOMAS, AGED 44 YEARS, THARAKAN HOUSE, MUZHAKKUNNY AMSOM, KAKKAYANGAD P.O. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, CHOKLI POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3517 OF 2009 ------------------------------------------------------ Dated this the 1st July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 5 in Crime No.122 of 2009 of Chokli Police Station. 2. The offence alleged against the petitioners is under Section 55 (a) of the Abkari Act. 3. The prosecution case is that on 7.6.2009, the accused were found transporting a quantity of 455 litres of spirit in a vehicle belonging to the fifth accused. The petitioners were arrested on 8.6.2009. The prosecution case is that all the accused persons are involved in the transportation of spirit. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature and gravity of the offence and the present stage of investigation, I am not inclined to grant bail to the petitioners at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/