SURESH, S/O.VELAPPAN, AGED 46 versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SURESH, S/O.VELAPPAN, AGED 46 v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 994 of 2007 [2007] RD-KL 3943 (21 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 994 of 2007()

1. SURESH, S/O.VELAPPAN, AGED 46,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

For Petitioner :SRI.R.MURALEEKRISHNAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :21/02/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 994 OF 2007 ````````````````````````````````````````````````````

Dated this the 21st day of February, 2007

O R D E R

Petitioner, who is the first accused in Crime No.217/2006 of Mannuthy Police Station for an offence punishable under section 8(1) and (2) of the Abkari Act for allegedly procuring 700 liters of rectified spirit through accused Nos.2 and 3 on 26.6.2006 in a Tata Indica car, seeks anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. It is too early to accept the petitioner's contention that there is nothing to connect the petitioner with the seizure of 700 liters of rectified spirit from the car from which accused Nos.2 and 3 were arrested. According to the prosecution, the unauthorised transport of the large quantity of spirit was at the instructions given by the petitioner.

4. Having regard to the facts and circumstances of the case, it is too early to conclude that the petitioner is not guilty of the offence and that he will not commit any offence while on bail within the meaning of Sec. 41 A of the Abkari Act. This application is accordingly dismissed.

(V. RAMKUMAR, JUDGE)

aks 

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