IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4523 of 2009()
1. SURESH, S/O.SHANMUGHAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.M.ALTHAF
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/08/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.4523 of 2009
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Dated this the 19th day of August, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.6 in
Crime No. 450/2009 of Aryanad Police Station.
2. The offences alleged against the petitioner are under
Sections 8(1) and (2) of the Abkari Act.
3. The petitioner submits that he is absolutely innocent
and he has been falsely implicated in the case. He is a broker
dealing with vehicles. He has no connection with the accused
persons and he is not involved in any abkari offences. The
prosecution case is that on 15/07/2009, a quantity of 1050 litres
of spirit was transported in a Goods-Autorikshaw bearing
registration No.KL-02/ N 7500. According to the prosecution, a
total number of six accused persons are involved in the offence.
4. The registered owner of the vehicle is one Nissam. He
is not an accused in the case. Nissam was questioned by the
police. He stated that he purchased the vehicle in 2004, for the
purpose of carrying the goods for constructing ‘pandals’. Since it
B.A. No.4523/ 2009
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was found that it was not useful for his purpose, he decided to
sell the vehicle. He contacted a broker by name Shaji. Shaji
brought a person, who stated his name as Gopakumar. That
person agreed to purchase the vehicle for a sum of Rs.33,000/-.
The amount was paid and the vehicle was taken away by him on
the same day. Nissam was told that necessary papers would be
prepared and the registering authority would be duly informed.
On the same date, the broker, Shaji handed over to Nissam
photocopy of the agreement showing sale of the vehicle by
Nissam to Gopakumar. According to the prosecution, the
petitioner (6th accused) Suresh impersonated himself as
Gopakumar before the vehicle owner Nissam and purchased the
Goods-Authorikshaw and arranged the same for the use of the 5th
accused. The petitioner was identified by Nissam as the person
who introduced himself as Gopakumar to him. Nissam stated that
he sold the vehicle to the petitioner under the impression that he
was Gopakumar.
5. The Case Diary would reveal the operation of a gang
consisting of several persons, which according to the prosecution
is a part of spirit mafia. Large quantity of spirit was transported.
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Each accused had his own role to play in the event. Some
accused travelled in the vehicle in which the spirit was being
transported, while others arranged for the same, while some
others executed the other events. The operation is done in a
smooth and effective manner. It was intercepted by the police
and culprits were brought to book.
6. Bail was refused to the other accused by me on an
earlier occasion. There is no reason why the petitioner should be
granted bail in spite of the fact that he was arrested on
26/7/2009 in respect of the incident which took place in
15/07/2009. If the petitioner is released on bail at this stage, it
would seriously affect the smooth progress of the investigation. It
is also likely, as submitted by the learned Public Prosecutor, that
the petitioner may try to influence or intimidate the witnesses.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T. SANKARAN, JUDGE
scm