IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl No. 182 of 2008() 1. DINESH, S/O.NANU, PAZHAUIDATHU HOUSE, ... Petitioner 2. SANTOSH KUMAR, S/O.KRISHNAN NAIR, Vs 1. STATE OF KERALA REPRESENTED BY ... Respondent For Petitioner :SRI.PREMCHAND R.NAIR For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice R.BASANT Dated :14/01/2008 O R D E R R.BASANT, J ------------------------------------ B.A.No.182 of 2008 ------------------------------------- Dated this the 14th day of January, 2008 ORDER
Application for regular bail. Petitioners are accused 1 and 2.
They were allegedly persons who transported 2385 litres of spirit
in different cans in a secret chamber in a lorry. Accused 1 is the
driver and the 2nd accused is a person who accompanied the
driver. They were allegedly involved in the illicit import and
transportation of spirit to and within the State of Kerala. The
petitioners were arrested on 01.12.07. Investigation is in
progress. Higher links in the illicit transactions are being traced
one after the other. Investigation is in progress. The petitioners
continue in custody from 01.12.07.
2. The learned counsel for the petitioners submits that
the petitioners are innocent. At any rate, they, who have
remained in custody from 01.12.07, may now be enlarged on
bail, submits the learned counsel for the petitioners.
3. The learned Public Prosecutor opposes the
application. Investigation is not complete. The available
indications clearly point to the complicity of the petitioners. It is
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not as though the petitioners were innocently transporting the
said quantity of liquor. The case diary reveals the culpable
involvement of the petitioners. They are fully involved in the
illicit transaction. At any rate, the petitioners may not be
enlarged on bail at this early stage of investigation, submits the
learned Public Prosecutor .
4. I find merit in the opposition by the learned Public
Prosecutor. I have considered all the relevant inputs and I am
not persuaded to invoke the discretion under Section 439 Cr.P.C
in favour of the petitioners at this stage. I agree with the
learned Public Prosecutor that the investigators in a serious
crime like this must be given reasonable time to complete the
5. This application for regular bail is, in these
circumstances, dismissed, but with the observation that the
petitioners shall be at liberty to move this Court for bail again at
a later stage of the investigation – not, at any rate, prior to
28.01.08. The investigators must in the meantime make every
endeavour to complete the investigation.
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