IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7123 of 2008()
1. VIGNESH BABU, S/O. T.K. MADHAVAN,
... Petitioner
2. DEVAKUMAR, AGED 35 YEARS,
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 :04/12/2008
O R D E R
K.HEMA, J.
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B.A.No.7123 of 2008
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Dated this the 4th December, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 55(a) of Abkari Act.
Petitioners are accused nos.4 and 6 in the crime. As per the
prosecution case, on 25.6.2008, at about 10 a.m., accused no.1 was
found transporting 6080 litres of spirit in a lorry through National
Highway. The first accused was arrested from the spot. On
questioning the first accused, he confessed that the spirit was
brought for the purpose of accused nos. 2 to 6.
3. Learned counsel for petitioners submitted that he may
be permitted to withdraw this petition. Learned public prosecutor
pointed out that petitioner had made the same submission earlier
also and the first anticipatory bail application was dismissed as
withdrawn at his request as per order dated 7.10.2008 in
B.A.No.5588/08 (vide Annexure A2). It is also submitted that
mobile phone call details of petitioners and that of the first accused
clearly reveal their connection between each other. The crime was
registered as early as on 25.6.2008 and the investigation could not
be completed so far since petitioners have not co-operated
with investigation.
BA No.7123/2008 2
4. On hearing both sides and on going through Annexure
A2 order, I find that I had given direction to the petitioners to
surrender before the Investigating Officer and co-operate with
investigation and make themselves available for interrogation.
This order was passed as early as on 7.10.2008 but, petitioners
have not complied with the direction. I am satisfied that the
intention of petitioners is to abscond and to evade the process of
law. It is the duty of the Court to see that the person who evades
law surrenders to law. I am not inclined to issue any direction in
favour of petitioners since they have disobeyed the direction issued
by the Court. I am also satisfied that on the facts of the case, it is
not a fit case to grant anticipatory bail.
Hence, petitioners are directed to surrender before
the Investigating Officer within three days from
today and co-operate with investigation. Whether they
surrender or not police is at liberty to arrest them and
proceed against them in accordance with law.
It is also made clear that no further anticipatory bail
application from the petitioners will be entertained.
With this direction, petition is dismissed.
K.HEMA, JUDGE
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