IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6357 of 2007()
1. ABDUL BASHEER, S/O.ABDUL RASHID,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :22/10/2007
O R D E R
R. BASANT, J.
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B.A.NO. 6357 OF 2007
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Dated this the 22nd day of October, 2007
ORDER
Application for regular bail. The petitioner faces
allegations under the Kerala Abkari Act. The petitioner, along
with another, was allegedly engaged in the activity of
transporting 1225 litres of spirit in an Innova car. The police
wanted the vehicle to stop. The vehicle was not stopped.
Ultimately, the vehicle was intercepted. The petitioner took to
his heels and could not be arrested. The co-accused was
arrested. The petitioner’s name is not given in detail in the
F.I.R. The investigation revealed the complicity of the
petitioner. The petitioner surrendered on 13/9/07. He
continues in custody from 13/9/07. The learned Public
Prosecutor submits that the petitioner has no criminal
antecedents at all as ascertained till now.
B.A.NO. 6357 OF 2007 -: 2 :-
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. According to him, not he; but
some other had taken the car on rent and had indulged in the
alleged illegal activity. The petitioner is not responsible for the
alleged offence. He may now be enlarged on bail, submits the
learned counsel for the petitioner.
3. The learned Public Prosecutor opposes the application.
Though the petitioner is not shown to have any criminal
antecedents, the State is obliged to oppose the application
considering the nature and quantum of the contraband article
which is seized. All available indications clearly point to the
complicity of the petitioner and, in these circumstances, the
petitioner, who had surrendered only on 13/9/07, may not be
enlarged on bail, submits the learned Public Prosecutor.
4. I have considered all the relevant inputs. An earlier
application for anticipatory bail filed by the petitioner was
dismissed as per the order dated 23/8/07 in B.A.No.5079/07. I
have adverted to the facts in detail in the said order. This order
must be read in continuation of the said order. I am hence not
adverting to the facts in any greater detail in this order.
5. In the wake of opposition by the learned Public
Prosecutor, bail can be granted to the petitioner only if this
B.A.NO. 6357 OF 2007 -: 3 :-
Court is in a position to entertain both the satisfactions
contemplated in Sec.41A of the Kerala Abkari Act. At the
moment and with the available inputs, I am unable to entertain
either of those two satisfactions.
4. This petition, in these circumstances, deserves to be and
is hereby dismissed; but with the observation that the petitioner
shall be at liberty to move this Court or the courts below for bail
at a later stage of the investigation – not, at any rate, prior to
5/11/07. The Investigator shall, in the meantime, make every
endeavour to complete the investigation.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge