IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 6417 of 2008() ----------------------------- CMP.5078/2008 of J.M.F.C.,KASARAGOD CRIME NO. 290/2001 OF KASARAGOD POLICE STATION .................... PETITIONER (S): 2ND ACCUSED:- -------------------- KALANDAR, AGED 43 YEARS, S/O.BEARY, CHOORITHADKA, BAMBRANE VILLAGE, KODIAMMA, KUMBLA, KASARAGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KASARAGOD, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6417 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October,2008 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, a car was seen parked by the side of National Highway and on seeing the police, petitioner who was inside the car ran away and the 1st accused was arrested from the car from the spot. 400 litres of arrack and 420 litres of spirit were seized from the car. A crime was registered against both the accused. 3. The incident occurred on 12-5-2001 and even after expiry of seven years, petitioner was not available for arrest. He was arrested only on 14-9-2008 only on repeated issuance of warrants. Learned Public Prosecutor submitted that the case against 1st accused ended in a conviction. He opposed this petition. It is also submitted that there is every chance for the petitioner to abscond, if he is granted bail. 4. Learned counsel for petitioner submitted that petitioner was not arrested from the spot, and the only evidence to connect petitioner with the crime is an alleged confession statement made by 1st accused. Therefore, he may be granted BA 6417/08 -2- bail, it is submitted. This is the second application for bail before this Court. 5. Learned Public Prosecutor submitted that there is not only a mere confession statement by 1st accused against petitioner but statement of other witnesses who had identified petitioner from the spot are also available in the case diary to connect petitioner with the crime. 6. On hearing both sides I am not satisfied that petitioner is not guilty of offence or that he will not repeat the offence. Hence, in view of section 41A of the Abkari Act, bail cannot be granted. Apart from this, petitioner was absconding for more than seven years and if bail is granted to him, it is likely that the trial will be protracted. Learned Magistrate is directed to take steps to commit the case without delay to Sessions Court and the Sessions Court shall see that the case is disposed of without delay. With this direction this petition is dismissed. K.HEMA, JUDGE. mn.