High Court Kerala High Court

Krishnaprasad vs State Of Kerala on 8 February, 2010

Kerala High Court
Krishnaprasad vs State Of Kerala on 8 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7541 of 2009()


1. KRISHNAPRASAD, AGED 32 YEARS, S/O. VASU,
                      ...  Petitioner
2. CHANDRA BABU, AGED 36 YEARS, S/O. RAMAN,

                        Vs



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

                For Petitioner  :SRI.NIREESH MATHEW

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :08/02/2010

 O R D E R
                            K.T.SANKARAN, J.
               ------------------------------------------------------
                         B.A. NO. 7541 OF 2009
               ------------------------------------------------------
              Dated this the 8th day of February, 2010


                                  O R D E R

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. Petitioners are accused Nos.3 and

4 in Crime No.314 of 2009 of Alathur Police Station, Palakkad

District.

2. The offence alleged against the petitioners is under Section

55(a) of the Abkari Act.

3. The prosecution case is that on 25.6.2009 accused Nos.1

and 2 were travelling in a Ford Icon car. The car met with an

accident at Palakkad. It hit against a Tata Sumo car. Accused

Nos.1 and 2 escaped from the place. The car was lying in an

abandoned state. Police was informed. The police came to the

spot. On inspection of the vehicle, it was found that a quantity of 700

litres of spirit was stored in the car in 20 cans.

B.A. NO. 7541 OF 2009

:: 2 ::

4. The prosecution case is that accused No.1, who belongs to

Alappuzha, handed over the vehicle to accused Nos.3 and 4, who

were engaged in dealing with spirit. On the next day, the vehicle

was handed over back to accused No.1 after keeping the spirit in

cans in the car. While accused Nos.1 and 2 were coming from

Palakkad with the spirit inside the car, the vehicle met with an

accident.

5. The learned Public Prosecutor submitted that accused

No.3 is involved in two other cases; one abkari case and another

case registered for the offence under Section 307 of the Indian

Penal Code.

6. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the allegations

levelled against the petitioners, I do not think that this is a fit case

where anticipatory bail can be granted to the petitioners. If

anticipatory bail is granted to the petitioners, it would adversely affect

the proper investigation of the case. The allegations levelled against

the petitioners are grave in nature. They do not deserve the

B.A. NO. 7541 OF 2009

:: 3 ::

discretionary relief under Section 438 of the Code of Criminal

Procedure.

For the aforesaid reasons, the Bail Application is dismissed.

(K.T.SANKARAN)
Judge
ahz/