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Anil Kumar vs Range Inspector on 12 February, 2007

Kerala High Court
Anil Kumar vs Range Inspector on 12 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 828 of 2007()


1. ANIL KUMAR, AGED 32,
                      ...  Petitioner

                        Vs



1. RANGE INSPECTOR,
                       ...       Respondent

                For Petitioner  :SRI.H.HARIKUMAR (KOLLAM)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :12/02/2007

 O R D E R
                                 V. RAMKUMAR, J.

                            - - - - - - - - - - - - - - - - -

                  BAIL APPLICATION NO. 828  OF 2007

                - - - - - - - - - ----------------------- - - - - - -

             DATED THIS THE 12th DAY OF FEBRUARY, 2007


                                      O R D E R

Petitioner who is the accused in Cr.No.232/06 of Karunagappally

Excise Range for offences punishable under sections 55(a) and 67B of

the Abkari Act for allegedly procuring 1530 litres of spirit in 51 jerry

cans on 7.12.2006, seeks his enlargement on bail.

2. Pursuant to the direction issued by this court while

disposing of the petitioner’s application for anticipatory bail, he

surrendered before the Investigating Officer on 19.1.2007. On

production before the Magistrate, he was remanded to judicial custody,

where he continues.

3. Learned Public Prosecutor opposed the application.

4. The case of the petitioner is that on the day previous to the

date of the alleged detection, his mini lorry was stolen and he had

lodged a complaint before the Police and within three hours of the

complaint, the lorry was detected by the Excise Officials with

contraband spirit for which the petitioner cannot be held responsible.

The learned Public Prosecutor would submit that the alleged theft of

the lorry is a cock and bull story and that the Police had rightly refused

to register a crime and that the petitioner is the person who has

procured the contraband spirit.

BA.828/07

Page numbers

5. It is too early to accept the petitioner’s version at this

stage of the investigation.

6. I am not satisfied that both the grounds enumerated

under Clause (b)(ii) of Sec.41 A of the Abkari Act are present in this

case so as to justify the release of the petitioner on bail.

This application is accordingly dismissed.

V.RAMKUMAR, JUDGE

dsn

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