Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.108/2012 of the Neyyattinkara Excise Range, Thiruvananthapuram registered for the offences punishable under Sections 55(a) and 67B of the Abkari Act.
3. This is a case wherein 544 litres of spirit filled in 16 cans found in a Maruthi 800 Car bearing Reg.No.KL-01H-2929 was seized at Balaramapuram. A1 was the driver of the car and he was placed under arrest. The allegation against the petitioner is that it was the petitioner who arranged the spirit and handed it over to A1. The petitioner is absconding. A3 in this case was also arrested. Investigation, as against A1 and A3, was over, and final report against them was filed. Investigation of the case against the B.A.8622 of 2014 2 petitioner could not be proceeded with as he was absconding. The petitioner was placed under arrest on 13.10.2014, while he was undergoing detention in another case in Tamil Nadu.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the C.D.
5. The contents of the C.D., prima facie, reveal the complicity of the petitioner. This is a case in which huge quantity of spirit was seized. The allegation against the petitioner is very grave and serious. As the petitioner was absconding, investigation of the case against him could not be proceeded with. Considering all the above, I am of the view that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge