IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Bail Appl..No. 5672 of 2008() ----------------------------- CRIME NO.170/2007 OF AGALI POLICE STATION PETITIONER (S): 8TH ACCUSED: -------------------------------- REJIKUMAR.K.G., MADATHUMALIL HOUSE, PONTASSERY POST, THANDEKKAD, PERUMBAVOOR. BY ADV. SRI.G.JANARDHANAN KURUP (SR.) SRI.B.VINOD RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, (S I OF POLICE AGALI), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5672 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 55(a) of the Abkari Act. A crime was detected on 12-12-2007 while accused 1 and 2 were found transporting 2740 litres of spirit in a lorry. On arresting them, their confession statements were recorded. Later, 4th accused was arrested. From his confession statements, it was revealed that other accused are also involved in the crime. There are altogether nine accused in the crime now. 3. Learned counsel for petitioner submitted that there is absolutely no allegation against petitioner, which will attract an offence. It is pointed out that the present case of the prosecution is that 4th accused implicated petitioner with the crime, but the remand report Annexure-1 will not show that petitioner was involved in the offence. It is only stated their that the fourth accused along with his co-accused committed the offence. But, name of petitioner is not mentioned in the remand report dated 2- 4-2008. It is also pointed out that even in the report Annexure-2 filed by the police before the court, it is only vaguely stated that 8th accused is also involved in the crime, and hence, he was also included in the array of the accused. These allegations are totally insufficient to make petitioner an offender, it is submitted. BA 5672 /08 -2- Learned counsel for petitioner also submitted that other accused were arrested and released on bail. Hence, petitioner prays for anticipatory bail. 4. Learned Public Prosecutor submitted that as per the materials now available in the case diary, accused 4 to 8 have decided to transport the spirit and accused 1 and 2 were engaged for the purpose. Accused No.3 is the owner of the lorry. Accused No.9 is the person who managed to get spirit from a person in Tamil Nadu for the purpose of transportation to Kerala. 5. It is also submitted by learned Public Prosecutor that an omission in Annexure-1 remand report will not be of any consequence because, after the remand, accused No.4 was taken into police custody and gave further confession statement, by which, petitioner was implicated. It is only on repeated interrogation that the involvement of the petitioner was revealed. It is also submitted that the other accused were also questioned and statements given by others were also found to tally with the statement given by accused No.4. As per the materials now available, petitioner is clearly involved in the offence in making arrangements for transportation of the spirit to Kerala. In such circumstances, in an offence of this nature it is not proper to grant anticipatory bail, it is submitted. BA 5672 /08 -3- 6. On hearing both sides, and on perusal of the case diary, I am satisfied that petitioner has to be interrogated for ascertaining the relevant materials which are within his conclusive knowledge. In an offence of this nature, it may not be proper to grant anticipatory bail. If petitioner is innocent, as contended, he can bring those facts to the notice of the Investigating Officer, but on the materials now collected by investigation, it cannot be said at this stage that petitioner is not guilty. Hence, anticipatory bail cannot be granted in an offence of this nature. 7. The crime was registered as early as on 12-12-2007 and even nine months have elapsed, petitioner could not be arrested so far. 8. Hence, petitioner shall surrender before the Magistrate concerned or before the Investigating Officer within seven days from today and co-operate with investigation. With the above direction, petition is dismissed. K.HEMA, JUDGE. mn.