IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5513 of 2008() ------------------------------------ AGAINST THE ORDER DATED 19/08/2008 IN CMP.6212/2008 & IN CMP.6211/2008 of J.M.F.C.,IRINJALAKUDA CRIME NO.751/08 OF IRINJALAKUDA POLICE STATION .................... PETITIONER/3RD ACCUSED : ---------------------------------- SIVAN @ SADASIVAN, 46 YEARS, S/O.KOCHAPPU, THARAYIL HOUSE, VELUKKARA, KONATHUKUNNU, THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS/STATE & COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, IRINJALAKUDA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5513 of 2008 ------------------------------------------------------- Dated this the 3rd day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and (i) of Abkari Act. According to prosecution, on 13.8.2008, police party got information that liquor was being unloaded in a work shop from a lorry and on reaching the spot, it was found that A1 to A4 were engaged in unloading Indian made foreign liquor in the workshop of the third accused. 1470 litres of spirit was found loaded in a concealed cabin of the lorry, specially made for the purpose, and A1 to A3 were arrested from the spot. A4 ran away and he could not be arrested. 3. Learned counsel for the petitioner submitted that the petitioner is in custody from 13.8.2008 onwards and he may be granted bail. 4. This petition is strongly opposed. Learned public prosecutor submitted that the 4th accused is not arrested so far. Considering the nature of offence and the investigation required, BA No.5513/08 2 it is not fit to grant bail to the petitioner at this stage of investigation. It is also submitted that the spirit was transported in a lorry which was having permit to carry Indian made foreign liquor to the canteen of the defence office. 5. On hearing both sides, I am satisfied that the twin conditions in Section 41(A) are not made out and hence, bail cannot be granted. The petition is dismissed. K.HEMA, JUDGE csl