IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4758 of 2008(B) ------------------------------------- CMP.3151/2008 of J.M.F.C.,ALATHUR CRIME NO.310/2007 OF ALATHUR POLICE STATION .................... PETITIONER/ACCUSED NO.2 : ------------------------------------ MEENAKSHI SUNDARAM @ SUNDARAM, 31 YEARS, S/O.RANDU, DOOR.NO.331, DR.RADHAKRISHNA ROAD STREET, TATA ROAD, SIVANANDA COLONY, COIMBATORE-12. BY ADV. SRI.NIREESH MATHEW RESPONDENTS : ------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, ALATHUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4758 OF 2008 ------------------------------ Dated this the 30th day of July, 2008 O R D E R This petition is for bail. 2. According to the prosecution, 525 litres of spirit was recovered from the property of one Mani on 12.08.2007 and a case was registered under Section 64(A) of the Abkari Act which is a bailable offence. Thereafter, when one Santhosh Kumar was questioned (who was involved in Crime No.127/2007) it is revealed that the petitioner is also involved in the offence and he had transported the spirit in his lorry upto a point near Coimbatore. The petitioner is also implicated in the offence and section 55(a) of Abkari Act is also incorporated. 3. Learned counsel for the petitioner submitted that the petitioner is in custody from 13.07.2008 onwards, and he is absolutely innocent of the allegations made. He is implicated only on the confession statement made by the accused who was arrested in connection with another crime. If at all such allegation is accepted, the petitioner has transported the spirit B.A.4758/2008 2 not within the Kerala State. He has not transported any prohibited article within the Kerala State. It is also submitted that transport of spirit is not an offence in Tamil Nadu and therefore he has not committed any offence, even if the prosecution case is accepted. 4. This petition is opposed. Learned Public Prosecutor submitted that considering the stage of investigation, the nature of offence committed and the quantity of article involved etc. bail may not be granted to petitioner. After hearing both sides, I find that as per the allegations, the petitioner committed an overt act in the course of a transaction which constitutes an offence within the Kerala State. The act committed outside Kerala was a part of the transaction which occurred in Kerala and which attracts an offence under Abkari Act. Hence at this stage, it may not be proper to grant bail to the petitioner. Investigation has to proceed. The petition is dismissed. K.HEMA, JUDGE pac