IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Bail Appl..No. 5589 of 2008() ----------------------------- CRMP.2638/2008 of DISTRICT COURT, PALAKKAD CRIME NO.30/08 OF PALAKKAD EXCISE RANGE PETITIONER: 3RD ACCUSED: ----------------------------- SHANMUGHAN.A, AGED 47 YEARS, S/O.APPU, NO.10/264, VALAYAKKARANCHALLA, VADAKARAPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: STATE: ------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5589 of 2008 ----------------------------------------- Dated this the 23rd September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, on 13.7.2008 at about 8.30 PM, a lorry was intercepted and it was found to contain 8542 litres of spirit. Accused 1 and 2, who were present in the lorry, were arrested. During investigation, it is revealed that the petitioner, who is the 3rd accused, had arranged the spirit through one Salim and Babu. Petitioner was arrested on 2.8.2008 and he is in custody since then. 3. Learned counsel for petitioner submitted that the petitioner is in custody for the past more than 52 days. His only connection link is the call from the mobile phone. First and second accused were already granted bail. Hence, he may also be granted bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the petitioner cannot be treated as similar with that of the first and second accused. Petitioner is BA.5589/08 2 the person, who has arranged the spirit of huge quantity through one Salim and Babu. Those persons are not yet traced out. Their details and addresses are not revealed in investigation. The investigation is being carried on. In the meantime, if the petitioner is released on bail, it will adversely affect the investigation, it is submitted. 5. On hearing both sides, considering the nature of involvement of the petitioner in the case and the nature of investigation required, I find that the release of the petitioner at this stage will adversely affect the investigation. Petition is dismissed. K.HEMA, JUDGE vgs.