Babu vs State Of Kerala Represented By The on 10 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 731 of 2010()


1. BABU,S/O.SHANMUGHAN,AGED 25 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.AJITH MURALI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/02/2010

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 731 of 2010
                  -----------------------------
           Dated this the 10th day of February, 2010

                           O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

Crime No.4/2010 of Pathanapuram Excise Range.

2. The offence alleged against the petitioner is under

Section 55(a) of the Abkari Act.

3. The prosecution case is that on 7/1/2010, the

petitioner was found transporting 420 litres of spirit in a

concealed chamber in a Van. The petitioner was driving the

Van. The petitioner was arrested on 7/1/2010 and he was

remanded to judicial custody.

4. The Bail Application is vehemently opposed by the

learned Public Prosecutor. The investigation revealed that the

petitioner had brought the spirit from Thenkasi in Tamil Nadu

and that the spirit was taken from one Sakthi of Thenkasi. The

learned Public Prosecutor submitted that the investigating

officer would be taking steps to find out the source from

where the spirit was being taken and the appropriate person

B.A. No. 731 /2010
2

would be made an accused in the case. If the petitioner is

released on bail at this stage, it would adversely affect the

proper investigation of the case.

5. In the facts and circumstances of the case, the

investigating officer has to find out from where the spirit was

brought, who had provided the spirit and whether there was a

racket behind these activities. If necessary, the persons

concerned should be made accused in the case. If the petitioner

is released on bail at this stage, the investigating officer may not

be successful in taking the aforesaid steps.

6. In the facts and circumstances of the case mentioned

above, I am not inclined to grant bail to the petitioner at this

stage.

The Bail Application is accordingly dismissed.

Issue copy to both sides.

K.T. SANKARAN, JUDGE

scm