IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6114 of 2008()
1. SHAIJAN, S/O. JOSE,
... Petitioner
2. SHIBU, S/O. VARGHESE,
3. CHACKO @ CHACKOCHAN, S/O. VARKEY,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.C.THOMAS (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/10/2008
O R D E R
K.HEMA, J.
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B.A.No.6114 of 2008
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Dated this the 3rd day of October, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 55(a) and
57(a) of Abkari Act. According to prosecution, accused no.1 was
found mixing spirit in toddy, in a toddy shop. Accused nos.2 and
3 were found unloading two cans, each containing 50 litres of
spirit, from a jeep to the toddy shop and all the three persons
(A1 to 3) were arrested. The licensee of the shop is the 5th
accused.
3. Learned counsel for the petitioners submitted that the
petitioners are accused nos. 1 to 3. They were arrested from the
toddy shop. As per the search list, three persons found in the
toddy shop were taken into custody. The licensee was not
arrested and nobody, who is responsible for the running of the
toddy shop, was also arrested. But, the petitioners who went to
the toddy shop for consuming toddy were falsely implicated.
They were arrested on 2.9.2008 and hence, they may be granted
BA No.6114/08 2
bail, it is submitted.
4. This petition is opposed. Learned public prosecutor
submitted that the allegations in this case are serious in nature.
The licensee is implicated as 5th accused in the course of
investigation. The investigation is in progress. Many facts have
to be investigated into regarding even source of spirit etc.
Therefore, it may not be proper to grant bail at this stage.
5. On hearing both sides, I am satisfied that bail cannot
be granted at this stage, since it is likely to effect the
investigation adversely.
The petition is dismissed.
K.HEMA, JUDGE
csl