IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5440 of 2008()
1. BIJESH, S/O. VELAYUDHAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/09/2008
O R D E R
K. HEMA, J.
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B.A.No. 5440 of 2008
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Dated this the 3rd day of September,2008
O R D E R
Application for bail.
2. The alleged offence is under section 55(a) of the Abkari
Act. Petitioner is the 5th accused. Accused 2 to 7 decided to
transport huge quantity of spirit (4,130 litres) from Tamilnadu to
Kerala and accused No.1, lorry driver, was entrusted with the job.
The spirit was being transported while the lorry wass intercepted
and 118 cans having a capacity of 35 litres each of spirit were
seized from the lorry. Accused 3 to 6 were travelling in a Maruthi
car which was piloting the lorry.
3. Learned counsel for the petitioner submitted that
petitioner is absolutely innocent and petitioner was not piloting
the vehicle. According to prosecution, petitioner was only piloting
the vehicle and he was taking money for piloting, but he has no
other connection with the transportation of the contraband article.
Petitioner is in custody from 10-8-2008 onwards. There is no
necessity for further detention of the petitioner. It will not help the
investigation in any manner, it is submitted.
BA 5440/08 -2-
4. This application is strongly opposed. Learned Public
Prosecutor submitted that petitioner’s role is not limited to the
mere piloting. In fact petitioners and others decided to transport
the spirit to Kerala and petitioner was piloting the lorry in a
Maruthi car. Petitioner was committing the offence with full
knowledge that the lorry was containing huge quantity of spirit.
Accused 6 and 7 are not so far arrested. It is the 7th accused who
had entrusted the 1st accused to transport the article and if the
petitioner is released on bail, it will adversely affect the
investigation. The incident occurred on 28-5-2007 and the
investigation is at the preliminary stage. In an offence of this
nature the source of the article has also to be ascertained by
investigation.
5. On hearing both sides, I am satisfied that in a case of
this nature, if petitioner is released at this stage of investigation,
it will adversely affect the investigation.
The application is dismissed.
K. HEMA, JUDGE.
mn.