IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 2915 of 2010() -------------------------------------- MP.1481/2010 of J.M.F.C. - I, PARAVUR CRIME NO.696/2010 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DIST. .................... PETITIONER (S): ACCUSED NO.7 -------------------- BINEESH @ SUDHEER AGED 30,S/O.ABDUL KHADER,KARIYATHIPPILI HOUSE, MATTUPURAM KARA,KARUMALOOR VILLAGE. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE NORTH PARAVUR POLICE STATION,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.2915 OF 2010 ----------------------------------- Dated this the 24th day of May, 2010 O R D E R This is a petition for bail. 2. The alleged offence is under section 55(a) of Abkari Act. According to prosecution, on 20.4.2010 first accused contacted 8th accused to arrange some spirit. Spirit was arranged at Coimbatore. The second and fifth accused brought spirit from Coimbatore to Kerala through Valapad and then to Aluva. In the meantime, the vehicle got stuck on the way, getting immersed in mud and it could not proceed. Petitioner who is the 7th accused brought another vehicle and transported the spirit. The vehicle was kept near his house. The possession of spirit in the vehicle was detected by respondent and crime was registered and on investigation it is revealed that petitioner has also role in transporting spirit. 3. Learned counsel for petitioner submit that he is totally innocent of the allegations made. He is in custody for past 32 days. He is the driver of first accused who has no intention to B.A. No.2915/2010 2 commit any crime. It is also submitted that even if entire allegations are accepted for argument's sake, spirit was detected from the vehicle which was abandoned by the side of the road. There is nothing to show possession of article by petitoner at any time. In such circumstances, petitioner may be granted bail, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that spirit involved is 665 litres. This was brought from Coimbatore to Kerala and petitioner's role is clear from the investigation so far made. Witnesses are to be questioned and investigation is at initial stage. At this stage, if the petitioner is granted bail it will adversely affect the investigation. 5. On hearing both sides, I am satisfied of the submission made by learned public prosecutor. Investigation is at the preliminary stage. At this stage, if bail is granted it will adversely affect the investigation. Hence, I am not inclined to grant bail at this stage. This petition is dismissed. K. HEMA, JUDGE. Sou.