Kerala High Court
Bail Appl./7665/2006 of JAYESH Vs STATE OF KERALA on 26 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7665 of 2006() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7442/2006 .................... PETITIONER/ACCUSED 1 & 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928
Bail Appl..No. 7665 of 2006()
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AGAINST THE JUDGEMENT/ORDER IN BA.7442/2006
....................
PETITIONER/ACCUSED 1 & 2
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1. JAYESH, S/O.RAMACHANDRAN,
JAYESH BHAVAN, THENGAMMUM MURI, PALICKAL VILLAGE, ADOOR.
2. SANTHOSHKUMAR, S/O.SIVARAMAN NAIR,
MANGATTETHU VEEDU, ELIPPAKULAM,
PALLIKUNNAM VILLAGE.
BY ADV. SRI.N.DHARMADAN (SR.)
SRI.G.KRISHNAKUMAR
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. EXCISE INSPECTOR, CHIRAYINKEEZHU.
BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V. RAMKUMAR, J.
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Bail Application No. 7665 of 2006---------------------------------------------------------------- Dated: December 26, 2006
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O R D E R
Petitioners who are accused Nos. 1 and 2 in O.R. No. 53/06 ofChirayinkeezhu Excise Range for offences punishable under Sections55 (a) and 67 (B) of the Abkari Act for allegedly carrying 310 litresof spirit in a Maruti Car on 27-10-2006 and who were arrested on thesame day, seek their enlargement on bail. Their earlier applicationfiled as B.A. 7442/06 was dismissed by this Court on 15-12-2006. Itis thereafter that the petitioners have filed the present bail application.
2. Adv. Sri. Sivakumar, the learned Public Prosecutor opposedthe application and made available to me the investigation files.
3. I heard both sides and perused the investigation files.
4. It is too early to accept the petitioners' contention thatmerely because they were found inside the Maruti Car in which the310 litres of spirit was being carried, it cannot be said that they werein effective control over the contraband spirit. Both the petitionershave made independent confessional statements to the ExciseInspector admitting their clandestine transport of the contrabandspirit. The said confession made by each of them is not hit by Sec.
B.A.No.7665/06
25 of the Evidence Act. On a perusal of the investigation files, I amnot satisfied that both the grounds enumerated under sec.41A (b)(ii)of the Abkari Act are present in this case so as to justify the release ofthe petitioners on bail.
This bail application is accordingly dismissed.
Kerala.
V.RAMKUMAR,
JUDGE.