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Sabmathkumar vs State Of Kerala on 17 June, 2008

Kerala High Court
Sabmathkumar vs State Of Kerala on 17 June, 2008
       

  

  

 
 
  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.
                 -------------------------------------------
                       B.A.No.3720 of 2008
                 -------------------------------------------
             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

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