IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 721 of 2010() ---------------------------- CRIME NO.1/2010 OF AMARAVILA EXCISE RANGE .................... PETITIONER/ACCUSED NO.2: -------------------------------------------- SHYAM DAS, AGED 21 YEARS, S/O.DEVADAS, THOLIBHAGOM, MINI BHAVAN, THIRUMALA DESOM, THIRUMALA VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENT(S): --------------- 1. THE STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, AMARAVILA RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.721 of 2010 --------------------------------------------- Dated this the 10th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1 of 2010 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 4.1.2010, a quantity of 462 litres of spirit was transported by accused Nos.1 and 2 in a Maruti car. It is alleged that a fake registration number was being displayed on the car. The prosecution alleges that the spirit was entrusted by accused No.3 to accused Nos.1 and 2 for being transported from Nagarcoil in Tamil Nadu. The petitioner was arrested on 4.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused No.3 is not arrested so far and if the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. BA No.721/2010 2 5. The allegations levelled against the petitioner are grave in nature. Not only it is alleged that he transported spirit, but, it was transported in a car exhibiting a fake registration number. The king-pin of the offence is yet to be arrested. If the petitioner is released on bail at this stage, the investigating officer would find it difficult to arrest accused No.3. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the fact that the third accused is not arrested and that the investigation is going on, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl