IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Bail Appl..No. 4119 of 2008() ----------------------------- AGAINST THE ORDER DATED 13/06/2008 IN CMP 3352/2008 IN CP.112/2008 of J.M.F.C.-I,KOZHIKODE CRIME NO. 23/2000 OF KASARAGODE POLICE STATION PETITIONER --------------------------- MOILARICH ABDULRAHIMAN S/O. YOUSAF, AGED 37 YEARS RAFAYI MANZIL, H.NO. VI 314 VORKADY GRAMA PANCHAYATH, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. THE EXCISE INSPECTOR KASARAGODE EXCISE RANGE. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4119 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2008 O R D E R Application for bail 2. The alleged offences are under sections 55(a) and 64(a) of the Abkari Act. According to the prosecution, petitioner was found transiting 6000 packets each containing 100 ml. of arrack and 35 litres of spirit in a can through National Highway from Kasaragod in a Maruthi van. 3. Petitioner was arrested on 6-5-2008 and he is in custody since then. Learned counsel for the petitioner submitted that the petitioner is in custody for the past 55 days and the charge sheet is also laid and his presence is not required for investigation and hence bail may be granted. The learned Public Prosecutor pointed out that the crime is of the year 2000 and though a crime was registered as early as on 1-5-2000 the petitioner could not be arrested even after eight years of the date of occurrence. A petition was filed before the learned Magistrate for bail, but it was dismissed. The court below observed that the case is at the stage of committal. On hearing both sides I am satisfied that the trial could not be commenced only because of the default from the side of the accused and in BA 4119/2008 -2- case he is released on bail, he may not be available for trial. Hence, I am not inclined to grant bail to the petitioner at this stage. The application is dismissed. K. HEMA, JUDGE. mn.