IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Bail Appl..No. 4863 of 2008() ----------------------------- CRIME NO.4/05 OF KUMBALA EXCISE RANGE PETITIONER : ACCUSED ----------------- BABY @ DEVANANDAN, 49 YEARS, S/O.BHOJA POOJARI, R/AT. NEAR KALARANGA CLUB KANNADIPPARA, KUMBANUR VILLAGE, KASARAGOD TALUK, KASARAGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT ------------- STATE OF KERALA, THROUGH EXCISE INSPECTOR, KUMBLA RANGE REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.4863 of 2008 ------------------------------------------------------- Dated this the 5th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to the prosecution, petitioner was arrested while he was found carrying a plastic bag containing 86 packets arrack each containing 100 ml. Totally 8.600 litres of arrack were seized from the possession of the petitioner. The crime was detected on 17.1.2005. But, the petitioner could not be arrested on the same day. 3. Learned counsel for petitioner submitted that the petitioner is innocent of the allegations made. Some arrack was seized from a club which is situated near the house of the petitioner. Charge sheet is already filed and hence, anticipatory bail may be granted. 4. This petition is strongly opposed. Learned public prosecutor submitted that the petitioner was not available for arrest for the past three years. He could not be arrested so far. BA No.4868/08 2 The petitioner is involved in two other crimes under the Abkari Act. 5. After hearing both sides, I find that the petitioner was not able to probablise his innocence in the matter. Petitioner is also an absconder who could not be arrested even after expiry of three years of the incident so far. In the above circumstances, there is absolutely no ground to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl