IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7527 of 2008() ------------------------------------ CMP.5327/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.67/2008 OF HOSDURG EXCISE RANGE .................... PETITIONERS/ACCUSED 1 & 2 : -------------------------------------- 1. AJITH.R.D., 25 YEARS, S/O.RICHARD, PALLAM HOUSE, MANJESHWARAM DESOM, KUNNATHUR VILLAGE, KASARAGOD. 2. ARJUN T., AGED 19/08, S/O.ANIL PRASAD, SUNDAR NIVAS VELLAYIL DESHAM, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7527 OF 2008 ------------------------------ Dated this the 12th day of December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, petitioners (accused nos.1 and 2) were found transporting 640 litres of arrack in 20 cans of 35 litres. On seeing the car and on getting the information, the signal was given to stop the car. But it did not stop and hence the car was chased by the excise officials in a jeep and it was intercepted. Accused nos.1 and 2 were arrested from the spot. 3. Learned counsel for petitioners submitted that the story put forward by the prosecution is highly improbable. Hence, they may be granted bail, it is submitted. Petitioners are in custody from 24.11.2008 onwards. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the excise officials have received information that the contraband article is being transported in a Santro car and they waited on the way and gave signal. But the vehicle did not stop and later it was chased and B.A.7527 of 2008 2 apprehended. Accused nos.1 and 2 were present in the car and the contraband articles were seized. There is no motive for the excise officials to concoct a false case against petitioners, it is submitted. On hearing both sides, on the mere ground of probability alone, I am not inclined at this stage, to hold that the petitioners are not guilty or that they have not committed any offence. In a case of this nature, bail cannot be granted unless the requirements in Section 41 A of Abkari Act are satisfied. The petition is dismissed. K.HEMA, JUDGE pac