IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5811 of 2008() ----------------------------- CMP.2554/2008 of J.M.F.C., PATTAMBI .................... (CRIME NO.322/07 OF PATTAMBI POLICE STATION) PETITIONER/ACCUSED NO.5 ---------------------------------------- BIJESH, S/O.VELAYUDHAN, KANNATHU VEEDU, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5811 of 2008 ------------------------------------------------ Dated this the 19th day of September, 2008. ORDER Petition for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, a lorry was intercepted on 28.5.2007 and it was found to contain 4130 litres of spirit. Accused 1 and 2, who were present in the lorry, were arrested. Petitioner is the 5th accused, who was allegedly piloting the vehicle on a motorbike, but he could not arrested on the date of occurrence. 3. Petitioner was arrested on 10.8.2008 and he is in custody since then. Learned counsel for the petitioner submitted that he is i absolutely innocent of the allegations made and he has no connection with the article seized. 4. Learned Public Prosecutor opposed this bail application and submitted that the investigation is being carried on and it is not yet over. At this stage, if the petitioner is released on bail, it will adversely affect the investigation, it is submitted. As per the materials in the case diary, petitioner has clear connection with the contraband article [B.A.No.5811/08] 2 seized and he was piloting the vehicle in which the articles were being transported. 5. On hearing both sides, I am not inclined to grant bail to the petitioner at this stage. Petition is dismissed. K. HEMA, JUDGE. Krs.