IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4758 of 2008()
1. MEENAKSHI SUNDARAM @ SUNDARAM,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE S.I. OFO
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :30/07/2008
O R D E R
K.HEMA, J.
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B.A. No.4758 OF 2008
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Dated this the 30th day of July, 2008
O R D E R
This petition is for bail.
2. According to the prosecution, 525 litres of spirit was
recovered from the property of one Mani on 12.08.2007 and a
case was registered under Section 64(A) of the Abkari Act which
is a bailable offence. Thereafter, when one Santhosh Kumar was
questioned (who was involved in Crime No.127/2007) it is
revealed that the petitioner is also involved in the offence and he
had transported the spirit in his lorry upto a point near
Coimbatore. The petitioner is also implicated in the offence and
section 55(a) of Abkari Act is also incorporated.
3. Learned counsel for the petitioner submitted that the
petitioner is in custody from 13.07.2008 onwards, and he is
absolutely innocent of the allegations made. He is implicated only
on the confession statement made by the accused who was
arrested in connection with another crime. If at all such
allegation is accepted, the petitioner has transported the spirit
B.A.4758/2008
2
not within the Kerala State. He has not transported any
prohibited article within the Kerala State. It is also submitted that
transport of spirit is not an offence in Tamil Nadu and therefore
he has not committed any offence, even if the prosecution case is
accepted.
4. This petition is opposed. Learned Public Prosecutor
submitted that considering the stage of investigation, the nature
of offence committed and the quantity of article involved etc. bail
may not be granted to petitioner.
After hearing both sides, I find that as per the allegations,
the petitioner committed an overt act in the course of a
transaction which constitutes an offence within the Kerala State.
The act committed outside Kerala was a part of the transaction
which occurred in Kerala and which attracts an offence under
Abkari Act. Hence at this stage, it may not be proper to grant bail
to the petitioner. Investigation has to proceed.
The petition is dismissed.
K.HEMA, JUDGE
pac