IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Bail Appl..No. 4111 of 2008() ----------------------------- CMP.2800/2008 IN CRIME NO.813/05 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED:- ------------------------------------- ABDUL AZEEZ, S/O MUHAMMED, POONKULAM, PUTHIGE GRAMAM, KASARGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE --------------------- 1. THE SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/06/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4111 of 2008 ------------------------------------------- Dated this the 27th day of June, 2008 ORDER This petition is for bail. 2. The petitioner along with two others were found transiting 840 litres of spirit in 24 cans in a car. The persons ran away leaving behind the contraband articles and those were seized as per a mahazar and a crime was registered against the petitioner. Petitioner was arrested on 20.5.2008. The incident occurred on 1.11.2005. The petitioner is the second accused. 3. Learned public prosecutor submitted that the crime is registered as early as in 2005 and the petitioner could be arrested only after three years of the occurrence. The first and the third accused are not yet arrested. In case, the petitioner is released on bail, it will adversely affect the investigation and it may not be possible to apprehend the co-accused, it is submitted and hence, this petition is opposed. 4. Learned counsel for the petitioner submitted that the petitioner was quite available in his residence and he was not BA No.4111/08 2 absconding. The petitioner is implicated in this offence due to a mistaken identity. The petitioner is totally innocent of the allegations made. 4. On hearing both sides, taking into consideration, the nature of offence committed and stage of investigation, I find that it may not be proper to release the petitioner on bail at this stage. The petition is dismissed. K.HEMA, JUDGE csl