IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 3994 of 2008() ----------------------------- AGAINST THE ORDER DATED 11/06/2008 IN CRMP. 1845 /2008 IN CRMP.1841/2008 of DISTRICT COURT, PALAKKAD CRMP.2881/2008 of J.M.F.C.-I,PALAKKAD .................... PETITIONER/ACCUSED NO2:- ----------------------------------------- VINCENT T.J., AGED 49 YEARS, S/O T.A. JOSEPH, THOZHUTHINPARAMBIL HOUSE, KATTINGACHIRA, IRINJALAKKUDA THRISSUR DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE,WALAYAR POLICE STATION, PALAKKAD DISTRICT,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 3994 of 2008 ----------------------------------------------- Dated this the 2nd day of July, 2008. ORDER Petition for bail. 2. Petitioner is the 2nd accused in the crime. The alleged offences are under Sections 407, 420, 120-B and 34 of IPC and Section 55(a) of the Abkari Act. According to prosecution, on 24.1.2008, a lorry was found loaded with 7808 litres of spirit in 244 Cans of 35 litres capacity, which was covered with cement sacks. The Green Channel token issued to petitioner from the Malabar Cements Factory, Walayar, was allegedly misused for commission of this offence. The cement was carried in a lorry to the petitioner's godown and those were unloaded in the petitioner's godown. A lorry having the same number would also go to petitioner's godown with cement sacks which contained spirit. From the petitioner's godown, some more cement sacks used to be loaded again in the said lorry to cover the spirit. Petitioner has knowingly acted in conspiracy with [B.A.3994/08] 2 other accused to commit the offence. Both the lorries used to park in the petitioner's compound at the same time. These are the main allegations against the petitioner, it is submitted by learned Public Prosecutor. 3. Petitioner was arrested on 30.5.2008 and he is in custody since then. Learned counsel for the petitioner submitted that petitioner is totally innocent of the allegations made. He purchased cement from Malabar Cements Factory and used to get them unloaded in his godown. He has no connection with the spirit allegedly transported, it is submitted. The petitioner is in custody for a long period and his further detention may not be required for investigation and hence he may be released, it is submitted. 4. This petition is strongly opposed. According to learned Public Prosecutor, the offence is committed with the knowledge and connivance of the petitioner, who is also a party to the conspiracy. Except for his active involvement, the transportation of spirit would not have been possible in the manner done in this case. The spirit was concealed with cement sacks and two lorries with the same number were used for transportation misusing the token given to the petitioner. Two lorries with [B.A.3994/08] 3 same number were used with the knowledge and connivance of the petitioner, it is pointed out. 5. Learned Public Prosecutor also submitted that investigation is still not over. The source of spirit has to be traced out and other material witnesses have to be questioned. In such circumstances, if the petitioner is released on bail, it will not be possible to conduct any effective investigation, is the submission. On hearing both sides, in the nature of the allegations made and considering the grounds for objecting this application, I am satisfied that it is not a fit case to grant bail to the petitioner at this stage. Application is dismissed. K. HEMA, JUDGE. Krs.