IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 229 of 2009() ---------------------------------- CMP.69/2009 of J.M.F.C., KOYILANDY CRIME NO.662/2008 OF KOYILANDY POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- JAYARAM SHETTY, S/O.GANGADHARA SHETTY LAKSHMI VIHAR, CHARLA KADAMBAR VILLAGE, MANCHESWRAM, NOW RESIDING AT ALWAR HOUSE, MANCHESWARAM KUNCHATHOOR. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE : ----------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.229 OF 2009 ---------------------------- Dated this the 20th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, accused nos.1 and 2 were arrested while they were transporting 950 litres of spirit from Karnataka to Kerala on 09.08.2008. On investigation, it is revealed that third accused had entrusted the article to accused nos.1 and 2 and he purchased the same from fourth accused. Petitioner is the third accused. 3. Petitioner was arrested on 05.01.2009, while he was in custody in connection with another case of similar nature. Learned Public Prosecutor submitted that petitioner did not divulge the details of fourth accused, except that he purchased the same from fourth accused referring to his name. Therefore, investigation is being conducted into the details and nature of involvement of fourth accused. At this stage, if he is released on bail, it will adversely affect the investigation and hence, this petition is opposed. B.A.No.229 of 2009 2 4. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made except that the vehicle, which was used for the transportation, belonged to petitioner and no other allegation is made against petitioner. On hearing both sides and on considering the stage of investigation, I am satisfied that it is not fit and proper to grant bail at this stage, since it may affect investigation adversely. The petition is dismissed. K.HEMA, JUDGE pac