IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7264 of 2008() ----------------------------- C.R.NO.28/2006 OF TRIPUNITHURA EXCISE RANGE, ERNAKULAM DISTRICT. PETITIONERS/ACCUSED NOS.8 AND 9 --------------------------------------------------- 1. VIGNESH BABU,S/O.T.K.MADHAVAN, VICKY NIVAS, KANNODE, KANJIKODE, PALAKKAD. 2. DHANASEKHARAN, S/O.RANGASWAMI, KALATHUL HOUSE, PUDUSSERY, KURIDIKKAD, KANJIKODE, PALAKKAD. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSEPCTOR, EXCISE RANGE OFFICE, THRIPUNITHURA, ERNAKULAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA COURT, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7264 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 8(2) and 55(a) of the Abkari Act. According to prosecution, a lorry was intercepted by the officials and the driver and cleaner, (who is also an agent of the 8th accused) were found in the lorry. The driver was asked to show the documents relating to the vehicle. Driver and cleaner left the place and on search of the lorry, it was found that it contained 10590 litres of spirit. The 5th accused was arrested in connection with other case and on investigation, it was revealed that 5th accused had purchased the article from the 7th accused from Bangalore and the 8th accused is the agent, who in turn, entrusted the spirit for transportation to 9th accused, the agent/cleaner and also the driver, 1st accused. The incident occurred on 10-11-2006 and the crime was registered on the same day. 3. Petitioners filed an anticipatory bail application earlier and it was dismissed by this Court as per order dated 23-10- 2008 in B.A. no. 5424/2008 with a direction to surrender before the Investigating Officer within seven days from the date of the order and co-operate with the investigation. This Court had BA7264 /08 -2- already come to conclusion on the facts of this case that this is not a fit case to invoke jurisdiction under section 438 Cr.P.C., considering the serious nature of the allegations and also the fact that they were not available for arrest or investigation for the past two years of the registration of the crime. The investigation is in a stand still and hence, a direction was issued to surrender. Petitioners still have not complied with the direction and hence, I am not inclined to issue any direction in favour of petitioner. It is made clear that no further anticipatory bail will be entertained hereafter. This petition is dismissed. K.HEMA, JUDGE. mn.