IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Bail Appl..No. 2847 of 2010() ----------------------------- CRIME NO.696/10 OF NORTH PARAVOOR POLICE STATION, ERNAKULAM (S): PETITIONERS/ACCUSED 4 TO 6 ---------------------------------------------- 1. HUSSAIN, S/O.ABDUL KADHER, PUTHIYAVEETTIL HOUSE, VALAPPAD VILLAGE, THRISSUR. 2. SAJEEVAN, S/O.VASU, KUNDHARA HOUSE, NATIKA VILLAGE, THRISSUR DISTRICT. 3. SUMESH @ KANNAN, S/O.MOHANAN, PERINGOTTU HOUSE, NATIKA VILLAGE, THRISSUR DISTRICT. BY ADV. SMT.JAYASREE MANOJ RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NORTH PARAVOOR POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2847 of 2010 ---------------------------------------------- Dated 7th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Kerala Abkari Act. According to prosecution, at the instance of first accused, second and third accused transported 665 litres of spirit in a Tata Sumo from Valappad to Kalamassery. The first and 6th accused were piloting the vehicle, when accused nos.2 and 3 were proceeding with the spirit. On the way, the vehicle had a mechanical break down. The 4th and 5th accused, who were escorting the vehicle went to Valappad and brought another vehicle. They also unloaded the spirit from the Tata Sumo and loaded them into the vehicle, which was brought by them. The 7th accused was directed by first accused to take the spirit and he transported the same. The vehicle was parked near the house of 7th accused and the police detected the crime on seeing the vehicle in an abandoned state and seized the contraband articles from the vehicle. 3. Learned counsel for petitioners submitted that BA NO.2847/10 2 possession of liquor is an offence under Section 55(a) of the Act. But, even as per prosecution case, accused nos.4 to 6 only escorted the vehicle, in which spirit was being transported, but there is no case that they were in possession of the same. Only possession is an offence and petitioners may be granted anticipatory bail, it is submitted. It is also pointed out that 7th accused, who was allegedly driving the vehicle with spirit is granted bail by this Court. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioners are accused Nos.4 to 6. They have played an important role in the entire incident. Accused nos.4 and 5 had escorted the vehicle while spirit was being transported and all the three had unloaded the spirit from Tata Sumo and again loaded the article to another vehicle, which was brought by 4th and 5th accused, when Tata Sumo had a break down. Petitioners are required for interrogation, it is submitted. 5. On hearing both sides and on considering the serious nature of the allegations made and the nature of involvement of petitioners, I think that their interrogation will be BA NO.2847/10 3 necessary for an effective investigation. As pointed out by the learned Public Prosecutor, 7th accused was granted bail, after a long period of detention. Taking into account the serious nature of the allegations made, I am not inclined to grant anticipatory bail to petitioners, in an offence of this nature. Petition is dismissed. K.HEMA, JUDGE. tgs