IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1590 of 2007()
1. SHAJI P.M,S/OMOHAMMED,PUTHIYAVEETTIL
... Petitioner
Vs
1. THE SUB INPSECTOR OF POLICE,
... Respondent
2. STATE REP.BY PUBLIC PROSECUTOR,
For Petitioner :SRI.P.K.ANIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/04/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1590/2007
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Dated this 2nd day of April, 2007
O R D E R
The petitioner, who is the fourth accused in
Crime No.236/2005 of Puthunagaram Police Station for an
offence punishable under Section 55(a) of the Abkari Act for
allegedly transporting 600 litres of rectified spirit in 20 cans
in a Tata India Car on 4.10.2005, seeks his enlargement on
bail. The petitioner was arrested on 7.3.2007.
2. The learned Public Prosecutor opposed the
application submitting inter alia that the petitioner is the
person who had entrusted the accused Nos. 1 and 2 to bring
the rectified spirit from Coimbathoor to Kerala and that he
was funding the procurement.
3. It is too early to accept the petitioner’s contention
that he who was not found inside the Tata Indica Car is not
guilty of the offence and that he had been falsely implicated in
the case.
4. I am not satisfied that both the grounds
enumerated under Clause (b)(ii) of Sec. 41 A of the Abkari
B.A.1590/2007
2
Act are present in this case so as to justify the release of the
petitioner on bail.
The application is accordingly dismissed.
V.RAMKUMAR,
JUDGE
mrcs