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.
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.