IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 540 of 2007()
1. S.S. SHARJA HUSSAIN, AGED 33 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.C.THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/02/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO.540 OF 2007
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DATED THIS THE 1ST DAY OF FEBRUARY, 2007
O R D E R
Petitioner who is the 5th accused in Crime No.579/06 of
Vadakkencherry Police Station for an offence punishable under section
55(a) of the Abkari Act for allegedly transporting 11800 litres of spirit
in a tanker lorry on 5.12.2006, seeks anticipatory bail.
2. Learned Public Prosecutor opposed the application.
3. The case of the prosecution is that on 5.12.2006 at about
6.15 AM, a tanker lorry which was signaled to stop had proceeded
ignoring the signal and that a Tata Sumo was accompanying the lorry
and accused Nos.2 to 4 were in the Tata Sumo. As against the
petitioner, the case of the prosecution is that he was constantly
contacting the 4th accused over mobile phone and giving directions
regarding the transportation of the spirit carried in the lorry.
4. It is too early to accept the petitioner’s contention that
there is nothing to connect with the offence and that he has been
falsely implicated in the case. Anticipatory bail cannot be granted in a
case of this nature.
This application is accordingly dismissed.
V.RAMKUMAR, JUDGE.
dsn/-