IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 739 of 2010 CRIME NO.59 OF 2006 OF PATHANAPURAM EXCISE RANGE PETITIONER/ACCUSED NO.4 ------------------------------------------- GOPAKUMAR, S/O. BALAKRISHNA PILLAI, AGED 33, MANJAKKALA MURI, THALAVOOR VILLAGE, PATHANAPURAM TALUK, NOW RESIDING AT AMBAZHAVELIL VEEDU, CHERUPUNCHA MURI, PERINGANADU VILLAGE, ADOOR TALUK. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER SRI.ENOCH DAVID SIMON JOEL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (THROUGH DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, KANNUR.) PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 739 OF 2010 ------------------------------------------------------ Dated this the 10th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.59 of 2006 of Pathanapuram Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The gist of the prosecution case is the following: On 19.7.2006, the Excise party found a lorry parked on the side of the road. They also found that a person was handing over a can kept in the lorry to a motor cyclist. On seeing the Excise party, the lorry was started and driven away. The motor cyclist also escaped. The investigation revealed that accused No.1 was the motor cyclist. The Excise party found the lorry in the workshop run by the first accused. On inspection of the lorry, it was found that a quantity of 12390 litres of spirit was kept concealed in the lorry. The spirit was seized. The B.A. NO. 739 OF 2010 :: 2 :: investigation further revealed that accused No.4, along with accused Nos.2 and 3, had transported the spirit with the help of accused No.1. Accused Nos.2 and 3 are the close associates of accused No.4. It is also alleged that the workshop was taken on rent by accused No.1 with the active help rendered by accused No.4 on the specific understanding that the lorry containing spirit should be parked inside the workshop. There was also an understanding for sharing of profits on account of the sale of spirit between accused Nos.4 and 1 along with others. 4. The petitioner was evading arrest from 2006 onwards. He surrendered before court only on 21.1.2010 and he was remanded to judicial custody. The Bail Application filed by the petitioner was dismissed by the learned Magistrate as per the order dated 28.1.2010. 5. Large quantity of spirit is involved in the case. The petitioner is said to be the kingpin of the incident. It is alleged that the petitioner had made enough preparations on a long term basis for the transportation of spirit in lorries and every arrangement was made for the safe keeping of the lorries containing spirit. B.A. NO. 739 OF 2010 :: 3 :: 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that the petitioner can be released on bail at this stage. The investigation is not over. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/