REJI PUNNAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is accused No. 1 in Crime No. 41 of 2009 of the ramankary Police Station.

(2.) THE offence alleged against the petitioner is under Section 55 (a) of the Kerala Abkari Act.

(3.) THE prosecution case is that the petitioner and the second accused were found transporting 950 litres of spirit in a lorry. The petitioner could not be arrested as he ran away. He was arrested on 3. 4. 2009 and he is in judicial custody since then. Learned Public Prosecutor submitted that the petitioner is involved in another crime of similar nature as Crime No. 71 of 2009 and that the third accused is not arrested. Learned counsel for the petitioner submitted that the arrest of the petitioner was made on 3. 4. 2009 and there is no reason to detain the petitioner, particularly when the prosecution has no case that the petitioner will make himself scarce, if bail is granted.