IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 6777 of 2008() ----------------------------- CMP.2776/2008 of J.M.F.C.,ADIMALI CRIME NO. 486/2008 OF ADIMALI POLICE STATION PETITIONER/ACCUSED NO.3: ------------------------------ PRABHAKARAN NEMAKKADU ESTATE DIVISION, KDH VILLAGE. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE DY.SP. NARCOTC CELL, IDUKKI,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6777 of 2008 --------------------------------------------------- Dated this the 28th day of November, 2008. O R D E R Petition for bail. 2. The alleged offences are under sections 55(a) and 8(2) of the Abkari Act. According to prosecution, petitioner along with two other accused transporting 595 litres of spirit on 15-10-2008 at 12.15 a.m. The article was seized from a car which was driven by 1st accused in which 2nd accused was travelling. On seeing the police, 2nd accused ran away. On investigation, it was revealed that 3rd accused who is petitioner herein was piloting the vehicle in the course of transportation of the contraband article. 3. Learned counsel for petitioner submitted that there is no evidence to connect petitioner with the crime. Petitioner was not arrested from the spot. Except the alleged statement given by 1st accused, no other incriminating material is available against petitioner with the crime. Petitioner is innocent of the allegations made. 4. Learned Public Prosecutor submits that the incident occurred in the mid night at 12.15 a.m. and involvement of BA 6777/2008 2 petitioner was revealed on arrest of 1st accused. Huge quantity of spirit is involved. Petitioner was arrested on 15-10-2008. He was also interrogated. It cannot be said that petitioner is not involved. Considering the serious nature of the offence and the fact that 2nd accused is yet to be arrested, this petition is opposed. 5. On hearing both sides, I am not satisfied of the asserted innocence of petitioner or that he will not repeat any offence. The mere assertion of innocence may not be sufficient to conclude the innocence of petitioner. I do not find any special feature which will persuade me to grant bail at this stage. Petition is dismissed. K. HEMA, JUDGE. mn. BA 6777/2008 3