IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1625 of 2009(A) ------------------------------------------ (CRIME NO. 68/09 OF THE NEDUMANGAD POLICE STATION) .................... PETITIONER/ ACCUSED NO.4: -------------------------------------------- RIYAS, S/O. SHEREEF, MANJIPARAMBIL, MUDUKKUMMUD, CHETHIPUZHA, CHANGANASSERY, KOTTAYAM. BY ADV. MR.V.PHILIP MATHEWS. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. --------------------------------------------- B.A.No. 1625 of 2009 --------------------------------------------- Dated this the 21st day of March, 2009 O R D E R The petitioner herein is the 4th accused in Crime No.68/2009 of the Nedumangad Police Station for the offence punishable under Section 55(a) of the Abkari Act. He was arrested on 20.2.2009 and he is in judicial custody thereafter. Hence, he seeks regular bail. 2. The allegation against the petitioner and others is that they were found engaged in the transport of 875 litres of spirit in a Scorpio car bearing registration No.KL-07-AR 8623. 3. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 4. The learned counsel submitted that when the petitioner tried to sell the vehicle, the same was stolen by one who was introduced to the petitioner by a broker and the same was reported to the Mannar Police Station and also before the Superintendent of Police, Alappuzha and they did not take action. Thus, according to the learned counsel for the petitioner, the petitioner is in no way connected with the alleged offence. BA NO.1625 OF 2009 :-2-: 5. The learned Public Prosecutor stoutly opposed the bail application pointing out that the quantity of spirit involved is a substantially large quantity and the accused including the petitioner were involved in such illegal transportation of spirit for unlawful gain. 6. I have considered the contentions raised by both the counsel for the petitioner as well as the learned Public Prosecutor. According to the allegation, the case was registered by the Addl.Sub Inspector of Police when he found the vehicle carrying with spirit and when they stopped the same, two persons in the vehicle ran away from the place on 3.2.2009. According to the prosecution, the vehicle, belonging to 3rd accused, was given to the 4th accused for using the same for illegal purpose and making huge profit. I am not proposed to enter into any discussion on merit on the rival contentions since the same will adversely affect either the prosecution or the defence. The accused was arrested on 22.2.2009 and the investigation is in progress. In view of the allegations contained and the factual position involved, I find no reason to satisfy the twin condition contemplated by Section 41A(b)(ii) of the Kerala Abkari Act to release the petitioner on bail. BA NO.1625 OF 2009 :-3-: In the result, there is no merit in this petition and accordingly, the same is dismissed. V.K.Mohanan, Judge kvm/ BA NO.1625 OF 2009 :-4-: V.K.MOHANAN, JJ. -------------------------------------------- Crl.A.NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -3-2009 BA NO.1625 OF 2009 :-5-: