IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Bail Appl..No. 3849 of 2008() ----------------------------- CRIME NO. 26/2008 OF KERALA STATE WALAYAR POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. ILLAVARASU, AGED 29 YEARS, S/O.LATE ANBARASU, MEMBER OF CONG (I), 69 SRI.SOLIYAMMAN NAGAR, NEAR K.V.B.NAGAR, L.N.S.VILLAGE, KARUR, TAMIL NADU. 2. AJAY PRASATH, AGED 27 YEARS, S/O.LATE ANBARASU, MEMBER OF CONG(I), 69 SRI.SOLIYAMMAN NAGAR, NEAR K.V.B.NAGAR, L.N.S.VILLAGE, KARUR, TAMIL NADU. 3. SIVASUBRAMANI, AGED 38 YEARS, S/O.LATE PALANISAMY, MEMBER OF B.J.P. 26, SALEM MAIN ROAD, VENGAMEDU, KARUR, TAMIL NADU. 4. SADHASIVAN, AGED 38 YEARS, CONG(I), MEMBER, S/O.KARUMANAN, THANNEERPANTHALPALAYAM, KARUR, TAMIL NADU. 5. KARUPPANNAN, AGED 60 YEARS, S/O.PALANIYAPPA GOUNDER, MEMBER OF B.J.P., MOCHAKOTTAMPALAYAM, PAVITHRAM VILLAGE, KARUR, TAMIL NADU. 6. MURUGANANTHAN, AGED 20 YEARS, S/O.PERIYASAMY, CONG(I) MEMBER, SIVIYAMPALAYAM, KARUR, TAMILNADU. BY ADV. SRI.V.EAPEN MATHAI SRI.MATHAI EAPPEN VETTATH RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, WALAYAR POLICE STATION, PALAKKAD, KERALA. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3849 of 2008 ----------------------------------------- Dated this the 18th day of June, 2008 O R D E R This application is for anticipatory bail. 2. Petitioners are accused in Crime No.26/08 of Walayar Police Station registered under sections 407, 420, 120(B) read with section 34 IPC and section 55(a) of Abkari Act. 3. According to the prosecution, huge quantity of illicit spirit was found transported through the Walayar Check Post and the driver was arrested. Thereafter, on investigation, it was found that the petitioners 1 to 4 and 6 are involved in the crime. On the basis of a confession statement made by the co-accused, more than 20,000 liters of spirit were seized from the godown belonging to the 1st petitioner. The 2nd petitioner is the brother of the 1st petitioner who is engaged in the same business. Petitioners 3 and 4 were engaged in transporting illicit liquor from the godown to various places. The 6th petitioner is engaged in B.A. 3849/2008 2 loading and unloading of the illicit liquor. Petitioners are A26, 32, 45, 42 and 47 respectively. 4. This application is opposed. Learned Public Prosecutor submitted that petitioner No.5 is not involved in the offence and the police is not intending to arrest him in any non-bailable offence. This submission is recorded. 5. According to the learned Public Prosecutor huge quantity of liquor was transported from Bangalore to Kerala in a highly clandestine manner being hidden in cement bags etc. The source of liquor is to be traced out. Several persons are already arrayed as accused and the custodial interrogation of the petitioners are essential for an effective investigation into the crime. If the petitioners are granted anticipatory bail, it will adversely affect the investigation, it is submitted. 6. Learned counsel for the petitioner submitted that none of the vehicles of the petitioners are involved in any of the offence. The police has no case that the petitioners' B.A. 3849/2008 3 vehicle is used for transportation of liquor. The petitioners are innocent of the allegations made and the petitioners will be harassed by the police, it is submitted. 7. Learned Public Prosecutor submitted that several vehicles were found in the godown and the premises from where the liquor was seized and it is also revealed that the vehicles are being reused for transportation of illicit liquor. 8. On hearing both sides I am satisfied that there is merit in the submissions made by learned Public Prosecutor. The petitioners will be required for custodial interrogation and hence I am not inclined to grant anticipatory bail to the petitioners. The application is dismissed, accordingly. K.HEMA, JUDGE pac.