IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6126 of 2008() ----------------------------- CRMP.2789/2008 of DISTRICT COURT, PALAKKAD CRIME NO.26/08 OF WALAYAR POLICE STATION PETITIONER -------------------- A.IIAVARASU, 30 YEARS, S/O.M.P.ANBARASU NO,69, SOLLAMMAN NAGAR, NEAR K.U.P.NAGAR, KARUR-02, TAMIL NADU. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6126 of 2008 ----------------------------------------- Dated this the 7th October, 2008 O R D E R This petition is for bail. 2. A crime was registered under Sections 407, 420 and 120(B) read with 34 of Indian Penal Code and 55(a) of the Abkari Act, on the basis of a complaint filed by the Manger of the Malabar Cements. During the course of investigation into the crime, 20850 litres of spirit was seized from the godown belonging to the petitioner, who is accused No.26. 3. Learned counsel for petitioner submitted that the godown, from where the article is seized, does not belong to the petitioner. He had already transferred the possession of the same to another person. It was also pointed out that three vehicles were found in the godown and those vehicles do not belong to the petitioner, admittedly. Therefore, it would be clear that the petitioner has nothing to do with the godown or the articles seized from the place and hence, he may be granted bail, it is submitted. Petitioner was arrested on 9.8.2008 and he is in custody since then. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the materials in the case diary, the godown belongs to the petitioner and he is involved in the crime and in case bail is granted, BA.6126/08 2 it will adversely affect the investigation, which is not yet completed. It is also pointed out that the quantity of spirit involved in this case is very high. The petitioner is engaged in the business of spirit and spirit was seized from other places also. The investigation is not yet over and if the petitioner is granted bail at this stage, it will adversely affect the investigation, learned Public Prosecutor submitted. It is also submitted that the petitioner is likely to tamper with evidence and influence the witnesses, if he is released on bail. 5. On hearing both sides, considering the gravity of offence, the manner in which the offence is committed, the quantity of spirit involved, the alleged nature of petitioner's involvement in the offence, the stage of investigation etc., I am satisfied that release of the petitioner on bail will adversely affect the investigation, since there is every chance for the petitioner to influence or intimidate the witnesses or tamper with evidence. Petition is dismissed. K.HEMA, JUDGE vgs.