Petitioner herein is the 10th accused in Crime No.76 of 2014 of the Thirupuram Excise Range registered under Sections 55(a)(d) and 67 B of the Kerala Abkari Act. The prosecution case is that at about 05.00 p.m., on 05.11.2012, the accused Nos. 1 and 2 illicitly transported a huge quantity of 1640 liters spirit for the illicit business purposes of the petitioner herein. Seeing the Police party on the way the accused Nos. 1 and 2 ran off and escaped by abandoning the huge quantity of spirit and also the vehicle No.KL-01-L-3726. Subsequently, they were arrested during investigation. On the basis of definite materials collected against the petitioner herein, showing his complicity in the illicit spirit business the Excise Inspector arrested the petitioner herein on 10.06.2014. When produced in Court, he was remanded to judicial custody by the learned Judicial First Class Magistrate Court-II, Neyattinkara, and his application for bail was dismissed by the learned magistrate on 11.06.2014. Now, he seeks bail from this Court under Section 439 of the Code of Criminal Procedure.
B.A.No.4591 of 2014 2
2. As required by the Court, the learned Public Prosecutor produced the case diary along with report of the investigating officer, and she opposed the application on the ground that detection of the other accused will be obstructed if the petitioner is now granted bail.
3. On hearing both sides, and on a perusal of the case diary, I find that effective investigation is required to detect and find out the exact role of the petitioner herein in the alleged illicit spirit business. I find that if he is now granted bail, it will definitely obstruct the proper investigation including detection and arrest of the other accused Nos. 6 and 8.
4. On a perusal of the case diary, I find that the main accused Nos. 1 and 2 in fact transported spirit for the illicit business purposes of the petitioner herein and some others. If the petitioner is now released, he will interfere in investigation, he will influence the witnesses, and will thus obstruct investigation. His request for bail will be considered at a later stage when major part of investigation is over.
In the result, this application is dismissed.
P. UBAID, JUDGE.
AS