IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Bail Appl..No. 4160 of 2010() ----------------------------- CRIME NO.39/2007 OF BADIADKA EXCISE RANGE, KASARAGOD .................... (S): PETITIONER ------------------------------ CHANDRAN.K, S/O.RAMANKUTTY,VADAKKEKUNNU THODI, KALPPETTA VILLAGE, BATHERY TALUK, WAYANAD DISTRICT BY ADV. SRI.K.V.SOHAN RESPONDENT(S): --------------- STATE , REP.BY BADIADKA EXCISE RANGE CRIME NO.39/2007,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4160 of 2010 ---------------------------------------------- Dated 14th July, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of the Kerala Abkari Act. According to prosecution, on 7.11.2007 at about 2.30 p.m., petitioner along with first accused was found transporting 3200 litres of spirit in a mini lorry. They were arrested from the spot. 3. Petitioner was on bail at the crime stage. Later, he absconded. Therefore, proceedings under Sections 82 and 83 of the Criminal Procedure were initiated against him. Non-bailable warrant was also issued. 4. Learned counsel for petitioner submitted that petitioner surrendered before the court on 31.5.2010 and he was remanded. His family will be put to starvation, if bail is not granted. He is prepared to abide by any condition, it is submitted. 5. Learned Public Prosecutor submitted that petitioner was absconding and he is involved in other cases also, of similar nature. On hearing both sides and on considering the facts and BA NO. 4160/10 2 circumstances of the case, I am satisfied that if bail is granted, it is likely that he may abscond. Therefore, bail cannot be granted to petitioner at this stage. The crime is of the year 2007 and the case is pending trial. Petitioner may move the Sessions Court concerned for expeditious disposal of the case and if there is any delay in disposal, petitioner will be at liberty to apply for bail at the said court itself. Petition is dismissed. K.HEMA, JUDGE. tgs