IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Bail Appl..No. 4999 of 2008() ----------------------------- CMP.4097/2008 of J.M.F.C.-I,NEYYATINKARA CRIME NO. 146/2008 OF ARYANCODE POLICE STATION PETITIONERS/ACCUSED 3 TO 5 ------------------------------------------- 1. SIVASUBRAMONIAN, S/O.MURUGAN, EDALAKUZHI B.MK BHAVAN, VATTAVILA DESOM, VADIVEESWARAM VILLAGE, AGASTHEESWARAN THALUK, K.K.DISTRICT, TAMILNADU. 2. SELVARAJ, S/O.CHELLAPPAN, VAYAL STREET, 35B KRISHNAKILI BHAVAN, NAGERCOIL. 3. PREMANANDAN, S/O.CHELLAPPAN, EDALAKUZHI, DOOR NO.146, VATTAVILAI DESOM, DO.... DO. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4999 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 55() and (b) of the Abkari Act. According to prosecution, accused 1 and 2 gave a car to accused 3 to 5 to procure spirit from 6th accused. Accordingly, the spirit was supplied by accused 3 to 5 to the 1st accused. On 22-7-2008, police took accused 1 and 2 to custody along with the vehicle containing 525 litres of spirit. They were arrested, and on questioning, it was revealed that petitioners who are accused 3 to 5 were also involved and that they would be reaching Neyyattinkara on the next day to collect Rs.2,00,000/- as the amount which is due as cost of the spirit supplied to accused 1 and 2. The police on getting this information was waiting for the arrival of accused 3 to 5 and when they reached at Neyyattinkara, they were taken into custody and they were arrested. 3. Learned counsel for the petitioners submitted that petitioners are falsely implicated in this case. The 4th BA 4999/08 -2- accused' brother is an advocate by profession. The 4th accused had married just a few days prior to the arrest and they had gone to Neyyar Dam for a trip. On the way back, the police intercepted the vehicle and there was an altercation between the police and the petitioners. Then the 4th petitioner told that his brother was an advocate and that action would be taken against the police etc. On hearing this, the petitioners were taken into the police station and they were falsely implicated in an offence of this nature. 4. In support of the above submission, it is pointed out that the remand report filed by the police, (while the 1st and 2nd accused were produced before the Magistrate Court) is silent about any confession being made, implicating the petitioners in this case. Accused 1 and 2 were arrested on 22-7-2008 and petitioners were arrested on the very next day. If, as a matter of fact, any such information incriminating the petitioners was available, by way of confession statement, it is unlikely that such statement would not be recorded in the remand report. Therefore, the BA 4999/08 -3- present allegations made against the petitioners are false, it is submitted. 5. The application is opposed. Learned Public Prosecutor submitted that the quantity of contraband article involved in the crime is huge. The information received from accused 1 and 2 was confidential in nature, and therefore it was not shown in the remand report. It is not necessary that all the details in the confession statement are recorded in the remand report, it is submitted. Though the petitioners would contend that they were illegally taken into custody by police on account of some other incident, it is pointed out that absolutely no action was taken against any police officials for falsely implicating the petitioners in this crime. If the petitioners were harassed, they ought to have approached the higher officials and made a complaint. But, no such complaint is filed. It is also relevant to note that the 4th accused' brother is an advocate and it is not difficult to get legal advice in the matter also. BA 4999/08 -4- 6. The learned Public Prosecutor also submitted that source of the spirit has to be traced out and 6th accused has to be arrested. Several places in which the spirit was supplied by the 1st accused have to be found out in investigation and at this stage, if the petitioners are granted bail, it will adversely affect the investigation. I am satisfied of the submissions made by the learned Public Prosecutor and there is nothing, at this stage, to substantiate the probability of the defence case, except an omission in the remand report. Hence, this application is dismissed. K. HEMA, JUDGE. mn.