IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 6499 of 2008() ----------------------------- CRIME NO.52/08 OF ARALAM POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ NIDHEESH AUGUSTINE, S/O.AUGUSTINE, AGED 35 YEARS, PADINJARA ADISSERY, SREEKANDAPURAM, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, ARALAM POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6499 of 2008 ----------------------------------------- Dated this the 22nd October, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, the police party found a jeep coming and on seeing the police party, the jeep was abandoned and the persons in the jeep ran away. On search in the vehicle, 200 litres of arrack were seized. Petitioner is the owner of the vehicle and he is the first accused. Second accused is the driver. 3. Learned counsel for petitioner submitted that the petitioner was arrested on 3.10.2008 and he is in custody since then. 4. Learned Public Prosecutor submitted that the petitioner, who is the owner of the vehicle was present in the vehicle and he ran away on seeing the police. The article involved is 200 litres of arrack and the petitioner could be arrested only on 3.10.2008. 5. On hearing both sides, I am not satisfied of the innocence of the petitioner or that he will not repeat the offence and hence in view of Section 41A of the Abkari Act, bail cannot be granted. Petition is dismissed. K.HEMA, JUDGE vgs.