IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3720 of 2008() ----------------------------- CRMP.1693/2008 IN CRIME NO.2/07 OF PALAKKAD EXCISE RANGE .................... APPLICANT/ACCUSED ---------------------------------- SABMATHKUMAR, S/O. VELUSWAMY KOUNDER, GANAPATHY NILAYAM, WALAYAR DAM POST, WALAYAR, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: COMPLAINANT ----------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING EXCISE INSPECTOR, PALAKKAD EXCISE RANGE. BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3720 of 2008 ------------------------------------------- Dated this the 17th day of June, 2008 ORDER Petition for bail. 2. The petitioner is the 4th accused in the crime registered under Section 55(a) of Abkari Act. According to the prosecution, the Excise party intercepted a lorry and on search, 6006 litres of spirit was found being transported in the lorry. It was concealed in cement bags. Three persons were arrested from the spot. It is alleged that the petitioner had entrusted the contraband article which he had obtained from Tamil Nadu to A1 to A3. It is also alleged that petitioner is personally involved in the offence and he was escorting the vehicle to avoid any apprehension by the Excise Officials etc. 3. The petitioner is in custody since 4.4.2008 having been arrested in another crime and the arrest in this case is recorded on 15.5.2008. Learned counsel for the petitioner submitted that originally there was no such allegation against the petitioner, as submitted by learned public prosecutor now. BA 3720/08 2 The only case was that the lorry in which the spirit was transported belongs to him, but it actually did not belong to him. So, another allegation is made now that the petitioner purchased it in the name of the first accused. 5. This petition is opposed. Learned public prosecutor submitted that the investigation is going on and several other accused are to be arrested in connection with the crime. Huge quantity of spirit is involved and source of the spirit etc. and the manner in which the offence is committed are to be traced out. I am satisfied that on the facts and circumstances of the case, the release of the petitioner at this stage will adversely effect the investigation. Hence, the petition is dismissed. K.HEMA, JUDGE csl