IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3720 of 2008()
1. SABMATHKUMAR,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/06/2008
O R D E R
K.HEMA, J.
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B.A.No.3720 of 2008
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Dated this the 17th day of June, 2008
ORDER
Petition for bail.
2. The petitioner is the 4th accused in the crime
registered under Section 55(a) of Abkari Act. According to the
prosecution, the Excise party intercepted a lorry and on search,
6006 litres of spirit was found being transported in the lorry. It
was concealed in cement bags. Three persons were arrested
from the spot. It is alleged that the petitioner had entrusted the
contraband article which he had obtained from Tamil Nadu to
A1 to A3. It is also alleged that petitioner is personally involved
in the offence and he was escorting the vehicle to avoid any
apprehension by the Excise Officials etc.
3. The petitioner is in custody since 4.4.2008 having
been arrested in another crime and the arrest in this case is
recorded on 15.5.2008. Learned counsel for the petitioner
submitted that originally there was no such allegation against
the petitioner, as submitted by learned public prosecutor now.
BA 3720/08 2
The only case was that the lorry in which the spirit was
transported belongs to him, but it actually did not belong to him.
So, another allegation is made now that the petitioner purchased
it in the name of the first accused.
5. This petition is opposed. Learned public prosecutor
submitted that the investigation is going on and several other
accused are to be arrested in connection with the crime. Huge
quantity of spirit is involved and source of the spirit etc. and the
manner in which the offence is committed are to be traced out. I
am satisfied that on the facts and circumstances of the case, the
release of the petitioner at this stage will adversely effect the
investigation.
Hence, the petition is dismissed.
K.HEMA, JUDGE
csl
