IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Bail Appl..No. 5320 of 2008() ----------------------------- CMP.4405/2008 of J.M.F.C.,KASARAGOD CRIME NO.28/08 OF KUMBALA EXCISE RANGE PETITIONERS/ACCUSED A1 TO A3. ---------------------------------------------- 1. AMJATH MUBARAK MUJAVAR, S/O. MUBARAK, JAVULA VILLAGE, SANKOLA TALUK, SHOLAPUR DISTRICT, MAHARASHTRA STATE. 2. RAJAK ABDUL MULLA, S/O. ABBAS, ODAMAM DESOM, VALVA TALUK, SATHARA DISTRICT, ISLAMPUR POST, MAHARASHTRA POST, 3. AHAMED, S/O. MUBARAK, JAVULA VILLAGE, SANKOLA TALUK, SHOLAPUR DISTRICT, MAHARASHTRA STATE. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN RESPONDENTS: RESPONDENTS/COMPLAINANTS. -------------------------------------- 1. STATE OF KERALA, (EXCISE INSPECTOR, KUMBALA EXCISE RANGE) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. EXCISE INSPECTOR, KUMBALA EXCSE RANGE, KUMBALA, KASARGODE. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5320 of 2008 ----------------------------------------- Dated this the 26th August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 64A of the Abkari Act. According to prosecution, petitioners are driver and cleaner of the lorry, in which 690 litres of spirit was found to be transported. They were arrested from the spot on the same day on 7.8.2008. 3. Learned counsel for petitioners submitted that the petitioners are totally innocent of the allegations made. The articles were declared to be tomato souse by the booking office for delivery at the destination point. The articles were being carried on the strength of bills and the petitioners were not able to know that the consignment contained spirit. Therefore, petitioners may be granted bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the investigation is only at the initial stage. Transportation of spirit was in a clandestine manner and the BA.5320/08 2 release of the petitioners at this stage will adversely affect the investigation. 5. On hearing both sides, I am satisfied that it is not a fit case to grant bail to the petitioners at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.