IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5440 of 2008() ----------------------------- CMP.2554/2008 of J.M.F.C., PATTAMBI CRIME NO.322/2007 OF PATTAMBI POLICE STATION PETITIONER : ACCUSED NO.5 ----------------------------- BIJESH, S/O. VELAYUDHAN, KANNATHU VEEDU, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5440 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September,2008 O R D E R Application for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. Petitioner is the 5th accused. Accused 2 to 7 decided to transport huge quantity of spirit (4,130 litres) from Tamilnadu to Kerala and accused No.1, lorry driver, was entrusted with the job. The spirit was being transported while the lorry wass intercepted and 118 cans having a capacity of 35 litres each of spirit were seized from the lorry. Accused 3 to 6 were travelling in a Maruthi car which was piloting the lorry. 3. Learned counsel for the petitioner submitted that petitioner is absolutely innocent and petitioner was not piloting the vehicle. According to prosecution, petitioner was only piloting the vehicle and he was taking money for piloting, but he has no other connection with the transportation of the contraband article. Petitioner is in custody from 10-8-2008 onwards. There is no necessity for further detention of the petitioner. It will not help the investigation in any manner, it is submitted. BA 5440/08 -2- 4. This application is strongly opposed. Learned Public Prosecutor submitted that petitioner's role is not limited to the mere piloting. In fact petitioners and others decided to transport the spirit to Kerala and petitioner was piloting the lorry in a Maruthi car. Petitioner was committing the offence with full knowledge that the lorry was containing huge quantity of spirit. Accused 6 and 7 are not so far arrested. It is the 7th accused who had entrusted the 1st accused to transport the article and if the petitioner is released on bail, it will adversely affect the investigation. The incident occurred on 28-5-2007 and the investigation is at the preliminary stage. In an offence of this nature the source of the article has also to be ascertained by investigation. 5. On hearing both sides, I am satisfied that in a case of this nature, if petitioner is released at this stage of investigation, it will adversely affect the investigation. The application is dismissed. K. HEMA, JUDGE. mn.