IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7833 of 2009()
1. A.C.CHACKO, S/O. JOSEPH CHACKO,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :28/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7833 of 2009
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Dated this the 28th day of January, 2010
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.1 in
Crime No. 78/2009 of Amaravila Excise Range.
2. The offences alleged against the petitioner are under
Sections 55(a) and 58 of the Abkari Act.
3. The prosecution case is that on 12/12/2009, a quantity
of 6666 litres of spirit in 202 cans, each can having a capacity of
35 litres, was being transported in a lorry bearing Tamil Nadu
registration. The lorry was intercepted in the Amaravila check
post. On inspection, it was found that the spirit was stored in a
secret chamber in the lorry. The driver of the vehicle, the second
accused, ran away. The petitioner was the cleaner cum driver of
the lorry. At the relevant time, he was acting as a cleaner of the
lorry. The 3rd accused is the person who allegedly arranged
transportation of the spirit. The petitioner was arrested on
13/12/2009 and he was remanded to judicial custody.
4. The allegations levelled against the accused are grave
B.A. No. 7833 /2009
2
in nature. The quantity of spirit involved is large. During
Christmas and New year, it is well known that spirit is being used
to make spurious liquor and for adding the same in toddy. Most
probably, the transportation of spirit must have been for making
spurious liquor on the eve of Christmas and New year. Offences
of this nature affect the society at large. Such offences cannot
be viewed lightly. Though the petitioner is in judicial custody
since 13/12/2009, I do not think that he can be released on bail
at this stage. Accused Nos. 2 and 3 are not arrested so far.
Investigation is in the preliminary stage. If the petitioner is
released on bail at this stage, it would adversely affect the proper
investigation of the case. It is also likely that the investigating
officer would not be able to arrest the other accused, if the
petitioner is released on bail at this this stage.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T. SANKARAN, JUDGE
scm