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. 3721 of 2008() ----------------------------- CRIME NO.4/07 OF KOLLENGODE EXCISE RANGE APPLICANT/ACCUSED ---------------------------------- SAMBATHKUMAR, AGED 40 YEARS, S/O. VELUSWAMY KOUNDER, GANAPATHY NILAYAM, WALAYAR DAM POST, VALAYAR, PALLAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULA, REPRESENTING EXCISE INSPECTOR, KOLLANGODE EXCISE RANGE. BY PUBLIC PROSECUTOR SRI. 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.3721 of 2008 ------------------------------------------- Dated this the 17th day of June, 2008 ORDER Petition for bail. 2. The petitioner is the 3rd accused in the crime registered under Section 55(a) of Abkari Act. The petitioner is in custody since 4.4.2008 having been arrested in another crime and the arrest in this case is recorded on 20.5.2008. 3. Learned counsel for the petitioner submitted that the only allegation was that the lorry in which the spirit was transported belong to petitioner, but it actually did not belong to him. So, now another allegation is made that the petitioner purchased it in the name of the co-accused. 4. 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. The article involved is large quantity of spirit and source of the spirit etc. and the manner in which the offence is committed are to be traced out on investigation. 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