IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 2003 of 2009() ------------------------------------ CRMP.1643/2009 of J.M.F.C.,THIRUVALLA CR.NO.13/09 OF THIRUVALLA EXCISE RANGE .................... PETITIONER/ACCUSED : ----------------------------- AJI VASUDEVAN S/O. LATE VASUDEVAN, AGED 33 YEARS, ANJILIMOOTTIL VEEDU, NELLIMALA P.O., KOIPURAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------- B.A. No.2003 OF 2009 --------------------------------------- Dated this the 21st day of April, 2009 O R D E R The allegation against the petitioner is that he had committed the offences punishable under Sections 55(a) and 58 of the Kerala Abkari Act. Consequently crime No.13/2009 was registered against him in the Thiruvalla Excise Range and he was arrested on 22.03.2009. Now he seeks regular bail. 2. The allegation against the petitioner is that on 16.03.2009, the Excise Inspector, Thiruvalla and party while on patrol duty, found 30 litres of Indian made foreign liquor in 30 bottles in the property of the petitioner. He ran away from the spot, on seeing the excise party and subsequently, he was arrested. 3. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 4. The learned counsel submitted that even according to the prosecution, there is no allegation that the petitioner B.A.No.2003 of 2009 2 was found in possession of the contraband article but the allegation is that the contraband article was found in the property which belonged to the petitioner. Thus according to the learned counsel, the petitioner is falsely implicated in the crime. It is also the case of the petitioner that the investigation of the case is practically over and no further detention of the petitioner is necessary. The learned Public Prosecutor stoutly opposed the application stating that the petitioner was found in possession of 30 litres of Indian made foreign liquor without any authority and he ran away from the spot on seeing the excise party. 5. I have carefully considered the contentions advanced by both the counsel for the petitioner as well as the learned Public Prosecutor. Considering the nature of allegation made and the allegation that the petitioner is found in possession of 30 litres of Indian made foreign liquor in 30 bottles, I am unable to found any ground to satisfy the twin conditions stipulated in Section 41A of the Abkari Act so as to grant bail to the petitioner. It is relevant B.A.No.2003 of 2009 3 to note that the arrest was only on 22.03.2009 and investigation is in progress. Therefore, the petitioner is not entitled to get bail at this stage. In the result, there is no merit in the petition and accordingly the same is dismissed. V.K.MOHANAN JUDGE pac