IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 3061 of 2010() ----------------------------------- CMP.5987/2010 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO. 67/2010 0F KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED : ------------------------------- VIDHYADHARAN, S/O.KARUTHAKUNJU, MOOTHERIL HOUSE, PRAYAR SOUTH MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. BY ADVS. SRI.RAJEEV RAJADHANI SRI.A.D.SHAJAN RESPONDENTS/COMPLAINANT : ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3061 of 2010 ------------------------------------ Dated this the 26th day of May, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 55(a) and 8(2) of the Abkari Act. According to prosecution, accused kept in his house 864 litres of spirit for the purpose of distilling arrack on 29.04.2010 and he was arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 26 days and he is aged 73 years. He will abide by any conditions that may be imposed by this court, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that there was spot arrest and at the time of seizure petitioner was present in the house. 5. On hearing both sides, I am not inclined to grant bail at this stage, considering the facts and circumstances of the case and in view of Section 41A of the Abkari Act. Petition is dismissed. K. HEMA, JUDGE ln