IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 2872 of 2010() ----------------------------- CRIME NO.28/10 OF NOORANAD EXCISE RANGE, ALAPPUZHA. (S): PETITIONER/ACCUSED -------------------------------------- VIJAYAKRISHNAN @ SANKARAN, S/O. KUNJUPILLAI, PANAYASSERRIL, KIZHACKETHIL, THATHAM MUNNA MURI, NOORANADU. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2872 of 2010 ---------------------------------------------- Dated 28th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Kerala Abkari Act. According to prosecution, petitioner was found in possession of 3.250 ml. of liquor, in contravention of the provisions of the Act. On seeing the Excise party, petitioner ran away, abandoning the article. The incident happened on 1.5.2010. 3. Learned counsel for the petitioner submitted that this is a false case foisted against petitioner. The Excise party, on an earlier occasion arrested petitioner's brother with 18 litres of Indian Made Foreign Liquor and he informed the officials that this was purchased for the purpose of petitioner. The Excise party came to the house of petitioner and conducted a raid and nothing could be seized from the house, but petitioner was falsely implicated in the case. It is also submitted that the allegation is that the article was found in a bottle having capacity of 2.250 litres, but there is no such bottle available for Indian Made Foreign BA NO.2872/10 2 Liquor. 4. This petition is opposed. Learned Public Prosecutor submitted that the bottle seized is not that of Indian Made Foreign Liquor. The prosecution has no case that the article is Indian Made Foreign Liquor. The article is liquor and is sent for analysis. Petitioner is involved in three other cases of similar nature. 5. On hearing both sides, I find that petitioner has not made out any ground to grant anticipatory bail. There are only bare assertions of false implication, but without any supporting material. There is no case for petitioner that the officials or his brother are on inimical terms with petitioner. Petitioner's defence is not clear from the submissions made. I am not satisfied that petitioner is not guilty or that he will not repeat the offence. Hence, in view of Section 41-A of the Abkari Act, bail cannot be granted. Petition is dismissed. K.HEMA, JUDGE. tgs BA NO.2872/10 3