IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Bail Appl..No. 3465 of 2008() ----------------------------- CMP.2800/2008 of J.M.F.C.,KASARAGOD CRIME NO.313/05 OF KASARAGODE POLICE STATION PETITIONER/ ACCUSED ------------------------------------ ABDUL AZEEZ, S/O.MUHAMMED, POONKULAM, PUTHIGE GRAMAM, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/ STATE ------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3465 of 2008 ----------------------------------------- Dated this the 5th day of June, 2008 O R D E R This petition is for bail. 2. According to prosecution, the petitioner, along with another, were found transporting 840 litres of spirit in a vehicle. When the vehicle was intercepted, the accused ran away and a crime was registered against him. He was arrested on 20.5.2008 and he is in custody thereafter. 3. Learned Public Prosecutor opposed the bail application. According to him, the petitioner is involved in another crime and he was arrested in that crime on 20.5.2008. The arrest in this case is formally recorded thereafter. Accused was absconding since 2005 on the date on which this crime was committed. 4. Learned counsel for petitioner could not substantiate the innocence of the petitioner. He could not satisfy this Court that the petitioner will not repeat the offence. In the above circumstances, in view of Section 41A of the Abkari Act, bail cannot be granted. This petition is dismissed. K.HEMA, JUDGE vgs.