IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4523 of 2009() -------------------------------------------- CMP.4802/2009 of J.M.F.C.-I,NEDUMANGAD CRIME NO.450/2009 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED: -------------------------------------- SURESH, S/O.SHANMUGHAN, NS VIHAR, NO. 169, NETHAJI NAGAR, AKKOLIL CHERI, MAYYANAD VILLAGE (A6). BY ADV. SRI.S.M.ALTHAF RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4523 of 2009 ------------------------------------ Dated this the 19th day of August, 2009 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.6 in Crime No. 450/2009 of Aryanad Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The petitioner submits that he is absolutely innocent and he has been falsely implicated in the case. He is a broker dealing with vehicles. He has no connection with the accused persons and he is not involved in any abkari offences. The prosecution case is that on 15/07/2009, a quantity of 1050 litres of spirit was transported in a Goods-Autorikshaw bearing registration No.KL-02/ N 7500. According to the prosecution, a total number of six accused persons are involved in the offence. 4. The registered owner of the vehicle is one Nissam. He is not an accused in the case. Nissam was questioned by the police. He stated that he purchased the vehicle in 2004, for the purpose of carrying the goods for constructing 'pandals'. Since it B.A. No.4523/ 2009 Page numbers was found that it was not useful for his purpose, he decided to sell the vehicle. He contacted a broker by name Shaji. Shaji brought a person, who stated his name as Gopakumar. That person agreed to purchase the vehicle for a sum of Rs.33,000/-. The amount was paid and the vehicle was taken away by him on the same day. Nissam was told that necessary papers would be prepared and the registering authority would be duly informed. On the same date, the broker, Shaji handed over to Nissam photocopy of the agreement showing sale of the vehicle by Nissam to Gopakumar. According to the prosecution, the petitioner (6th accused) Suresh impersonated himself as Gopakumar before the vehicle owner Nissam and purchased the Goods-Authorikshaw and arranged the same for the use of the 5th accused. The petitioner was identified by Nissam as the person who introduced himself as Gopakumar to him. Nissam stated that he sold the vehicle to the petitioner under the impression that he was Gopakumar. 5. The Case Diary would reveal the operation of a gang consisting of several persons, which according to the prosecution is a part of spirit mafia. Large quantity of spirit was transported. B.A. No.4523/ 2009 Page numbers Each accused had his own role to play in the event. Some accused travelled in the vehicle in which the spirit was being transported, while others arranged for the same, while some others executed the other events. The operation is done in a smooth and effective manner. It was intercepted by the police and culprits were brought to book. 6. Bail was refused to the other accused by me on an earlier occasion. There is no reason why the petitioner should be granted bail in spite of the fact that he was arrested on 26/7/2009 in respect of the incident which took place in 15/07/2009. If the petitioner is released on bail at this stage, it would seriously affect the smooth progress of the investigation. It is also likely, as submitted by the learned Public Prosecutor, that the petitioner may try to influence or intimidate the witnesses. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm