RAGHU, S/O GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is one among the accused (A4) in Crime No.128 of 2013 of Chavara Police Station, Kollam, registered for offences punishable under Section 55(a) of the Abkari Act.

(2.) The above crime was registered over detection and seizure of large quantity of spirit, 2520 litres in 72 plastic cannas, each having capacity of 35 litres, stored beside a workshop. Seizure of the contraband and registration of the crime led to arrest of A1 and A2 and, later, another accused (A3). On the materials gathered during the investigation and also disclosures made during the custodial interrogation of the above three accused, it is alleged, joint culpability of petitioner with the other accused was revealed and, thereupon, he was added as a co-accused in the crime. Investigation of the crime is still in progress and, at this stage, petitioner has moved the petition for anticipatory bail.

(3.) Learned counsel for petitioner submits he has been made as a co-accused in the crime without any material whatsoever and he has no involvement in the contraband alleged to have been stored, and seized by the police. The crime was registered on 23.1.2011 and at a later stage he has been added as a co-accused without any basis, is the further submission of counsel. Petitioner is prepared to abide by any condition and co-operate with the investigation, is the further submission of counsel to urge for granting him pre-arrest bail. Opposing the application learned Public Prosecutor submitted that the materials gathered by investigating agency spell out that all the accused were directly involved in storing the contraband without any authority or licence, and having regard to the gravity of the offences imputed, petitioner is not entitled to anticipatory bail.