IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3972 of 2009()
1. PAVITHRAN S/O.V.P.GOVINDAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.JACOB E SIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. No.3972 of 2009
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Dated this the 17th day of August, 2009
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioner is the accused
in Crime No.18 of 2009 of Thalassery Police Station.
2. The offence alleged against the petitioner is under
Section 55(a) of the Abkari Act.
3. The prosecution case is that on 15/01/2009, an
Autorikshaw bearing registration No. KL-11/B-4269 met with an
accident while a car hit the Autorikshaw. After the accident, the
driver of the Autorikshaw ran away. The Policeman on duty in the
Mahe Aid Post informed the Sub Inspector of Police over phone
about the incident and the Police party rushed into the spot. The
police party found several bottles of Indian made foreign liquor in
the Goods-authorikshaw. A crime was registered. Mahzar was
prepared. During investigation, it was revealed that the petitioner
was driving the Goods-autorikshaw at the relevant time.
4. The learned counsel for the petitioner submitted that
there is nothing to connect the petitioner with the offence. The
B.A. No.3972/ 2009
Page numbers
petitioner does not dispute the ownership of the Autorikshaw.
According to the learned counsel for the petitioner, this by itself
is not a sufficient ground for implicating the petitioner in the
offence.
5. I have gone through the Case Diary and heard the
learned Public Prosecutor as well as the learned counsel for the
petitioner. Prima facie, I am not inclined to accept the contention
of the petitioner. I do not think that this is a fit case where
anticipatory bail can be granted to the petitioner.
For the aforesaid reasons, the Bail Application is dismissed.
K.T. SANKARAN, JUDGE
scm