S S SHARJA HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 5th accused in Crime No.579/06 of Vadakkencherry Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly transporting 11800 litres of spirit in a tanker lorry on 5.12.2006, seeks anticipatory bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) The case of the prosecution is that on 5.12.2006 at about 6.15 AM, a tanker lorry which was signaled to stop had proceeded ignoring the signal and that a Tata Sumo was accompanying the lorry and accused Nos.2 to 4 were in the Tata Sumo. As against the petitioner, the case of the prosecution is that he was constantly contacting the 4th accused over mobile phone and giving directions regarding the transportation of the spirit carried in the lorry.