IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Bail Appl..No. 1226 of 2010() --------------------------------- CRIME NO. 401/2009 OF ANCHAL POLICE STATION .............................. PETITIONER/ACCUSED : ------------------------------ JOHNY MATHEW, AGED 48,S/O.MATHEW, KUNNUMPURATHU VEEDU, PALA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT/COMPLAINANT : ----------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE(CRIME 401/109),ANCHAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSOECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 1226 of 2010 ----------------------------- Dated this the 19th day of August, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, on 08.08.2009 four vehicles were seen in a driving school compound. From the said vehicles 3430 litres of spirit were seized. On investigation, it is revealed that the spirit was being transported in the lorry owned by the petitioner. Accused nos. 1 to 12 were implicated in the offence and the petitioner is 12th accused. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. His lorry was being used for transportation of Sulphuric Acid. But at the request of the police, he did not produce his lorry and hence, petitioner was also arrayed as an accused. He is not engaged in any transportation of spirit and nobody has transported spirit in his vehicle with the knowledge or connivance of the petitioner. The prosecution has no case that petitioner was found in possession of any spirit. Petitioner is having serious physical problems and he is hospitalized. He cannot even B.A. No. 1226 of 2010 2 stand up because of vertigo and he is having hypertension and hence, this petition may be granted, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that as per the materials in the case diary, petitioner himself was transporting the spirit. Petitioner is also the R.C. owner of the vehicle in which the spirit was transported. Co accused are arrested and one year has elapsed now after the seizure but petitioner could not be arrested so far. Petitioner is required for custodial interrogation to ascertain the involvement of other persons if any in the offence. 5. On hearing both sides and on considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner's physical condition alone does not persuade me to grant anticipatory bail. He may be required for custodial interrogation. Though the same contentions were taken up by the petitioner regarding his non- involvement and innocence, no circumstances were pointed out by petitioner to support the plea of innocence. B.A. No. 1226 of 2010 3 6. Petitioner is bound to surrender and co-operate with the investigation. One year has elapsed after the seizure and any delay is likely to affect investigation adversely. 7. No further application for anticipatory bail by petitioner in this crime will be entertained by this court hereafter. This petition is dismissed. K.HEMA, JUDGE ln