MURUGIAH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the sixth accused in Crime No.208/CR/KLM/2000 of CBCID, Alappuzha for an offence punishable under Section 55(a) of the Abkari Act and also under Sections 120B, 468 and 201 IPC, seeks his enlargement on bail.

(2.) Pursuant to a direction issued by this Court in the order dated 1.3.2007 in B.A.No.1223/2007, the petitioner surrendered before the Magistrate on 9.3.2007. His application for regular bail was rejected and he was remanded to judicial custody.

(3.) The case of the prosecution is that on 3.6.1999, 24,000 litres of rectified spirit in two tanker lorries dispatched from a distillery at Thirunelveli in Tamil Nadu to a distillery at Goa accompanied by the petitioner, who is a police constable from Tamil Nadu were illegally diverted and unloaded in Thottaakkadu distillery in Aluva and the petitioner had made forged entries in the passport to make it appear that the entire spirit had been unloaded at his Distillery in Goa.