IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5480 of 2008()
1. ABDUL MUTHALIB,S/O A.P.ABDULLA,
... Petitioner
2. MUHAMMED SHERIF, S/O YUSUF,
3. ABDUL SALEEM,S/O HAMEED,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,KUMBALA.
3. STATE REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :23/09/2008
O R D E R
K. HEMA, J.
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Bail Appl.No. 5480 of 2008
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Dated this the 23rd day of September, 2008.
ORDER
Petition for bail.
2. The alleged offence is under Section 8(2) of the Abkari
Act. According to prosecution, on 19.8.2008 at about 6.15 p.m. a car
was found parked near bus stand and, 2500 packets of Karnataka
made arrack, each containing 100 ml., were seized from the car.
There were three persons inside the car. They ran away, on seeing the
police, but they were arrested from the spot itself. Petitioners are the
said three persons.
3. Learned counsel for the petitioner submitted that petitioners
are absolutely innocent of the allegations made. Petitioners were
arrested not under the circumstances alleged by the prosecution and
they have nothing to do with the arrack seized from the car. The car
did not belong to the petitioners, but, the owner of the car has not
been made an accused in this case. Petitioners are falsely implicated
by the Circle Inspector. The mothers of first and second petitioner
filed a complaint before the Director General of Police, Trivandrum
complaining about the false implication and an enquiry is being
conducted into this by the D.Y.S.P.
4. According to petitioners, the car of the first petitioner (A1)
collided with the car from which the articles were seized. There was a
dispute in this respect and the mater was settled and Rs.50,000/- was
agreed to be paid to the first petitioner. The first petitioner had gone
[B.A.No.5480/08] 2
to collect the amount from the driver of the car and he collected
Rs.50,000/- from him. The first accused was returning after collecting
the amount, while the police came and arrested him and implicated
him and that articles were seized from the car. The second and third
petitioners were arrested while they were playing cricket and
regarding such arrest, Annexure-I complaint has been filed before
the Director General of Police the mothers of the petitioners. Learned
counsel for the petitioners also submitted that petitioners are working
abroad and they were waiting to return to Gulf countries and they have
valid passport and visa. These in short, are the contentions of the
petitioners.
5. This petition is opposed. Considering the gravity of the
offence and the quantity of the article involved, it is submitted that it is
not a fit case to grant bail. According to prosecution, petitioners were
found inside the car and they were caught from the place of
occurrence itself and the allegations to the contrary are denied.
6. On hearing both sides, in the light of the counter allegations
made regarding false implication, I have gone through the documents
produced and also the allegations made in the petition. It appears that
the petitioners themselves have no consistent case regarding the
circumstances under which they were arrested. As per the compliant
Annexure-I, first and second accused were playing cricket along with
3rd accused on 19.8.2008 at about 2 p.m., while police took them into
custody. But, as per the allegations in the petition, first accused was
arrested while he was returning after collecting Rs.50,000/- from the
drive of the car. It is relevant to note that Annexure-I was given by
none other than the mothers of first and second accused, that too,
after four days of the incident on 23.8.2008 but they had no case in
Annexure-1 that the first accused was arrested while he was returning
after collecting money.
[B.A.No.5480/08] 3
In the above circumstances, I am not satisfied at this stage that
the petitioners are not guilty and hence, in view of Section of 41A of
Abkari Act, bail cannot be granted.
Petition is dismissed.
Sd/-
K. HEMA, JDUGE.
Krs.