IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 7833 of 2009() ------------------------------------------ (CRIME NO.78/09 OF AMARAVILA EXCISE RANGE,TRIVANDRUM DISTRICT) PETITIONER: ---------------------- A.C.CHACKO, S/O. JOSEPH CHACKO, AMBALAKKADAVU KURICHI DESOM, KURICHI VILLAGE, CHANGANASERRY, KOTTAYAM. BY ADV. MR.M.R.SARIN PANICKER RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7833 of 2009 ------------------------------------ Dated this the 28th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 78/2009 of Amaravila Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 12/12/2009, a quantity of 6666 litres of spirit in 202 cans, each can having a capacity of 35 litres, was being transported in a lorry bearing Tamil Nadu registration. The lorry was intercepted in the Amaravila check post. On inspection, it was found that the spirit was stored in a secret chamber in the lorry. The driver of the vehicle, the second accused, ran away. The petitioner was the cleaner cum driver of the lorry. At the relevant time, he was acting as a cleaner of the lorry. The 3rd accused is the person who allegedly arranged transportation of the spirit. The petitioner was arrested on 13/12/2009 and he was remanded to judicial custody. 4. The allegations levelled against the accused are grave B.A. No. 7833 /2009 2 in nature. The quantity of spirit involved is large. During Christmas and New year, it is well known that spirit is being used to make spurious liquor and for adding the same in toddy. Most probably, the transportation of spirit must have been for making spurious liquor on the eve of Christmas and New year. Offences of this nature affect the society at large. Such offences cannot be viewed lightly. Though the petitioner is in judicial custody since 13/12/2009, I do not think that he can be released on bail at this stage. Accused Nos. 2 and 3 are not arrested so far. Investigation is in the preliminary stage. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also likely that the investigating officer would not be able to arrest the other accused, if the petitioner is released on bail at this this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm