IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH MAY 2008 / 19TH VAISAKHA 1930 BAIL APPL.NO.2909 OF 2008 -------------------------------------- CRIME NO.486/2007 OF KILIMANOOR POLICE STATION PETITIONER: ACCUSED NO.2 ----------------------------------------- SUNILKUMAR, S/O.SUKUMARAN, JYOTHISIL, PLANKAMURI, NEYYATTINKARA VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM REPRESENTING CIRCLE INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.NO.2909 of 2008 ----------------------------------------- Dated this the 9th May, 2008 O R D E R Heard both sides. 2. This petition is filed under Section 439 of the Code of Criminal Procedure. The alleged offences against the petitioner are punishable under Sections 55(a) and (i) of the Abkari Act and Section 201 and 472 IPC. The petitioner was caught red handed with 22 bottles of spirit (770 litres). It was being transported in a vehicle. The petitioner was arrested on 17.3.2008 and he was absconding after the incident since 12.12.2007. 3. This petition is opposed. It is submitted that the petitioner is involved in other crimes involving abkari offences. There is nothing to suggest the innocence of the petitioner or to show that he will not be repeating the offence. Hence, the bail cannot be granted in view of Section 41 of the Abkari Act. The bail application is dismissed. K.HEMA, JUDGE vgs.