IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Bail Appl..No. 3914 of 2010() ------------------------------------- CMP.1153/2010 of J.M.F.C.,KATTAKADA CRIME NO.19/2009 OPF KATTAKADA EXCISE RANGE, TRIVANDRUM. .................... : PETITIONER/ACCUSED -------------------------------------- PRAVEEN @ CHAKKARA, S/O.PRABHAKARAN, PRAVEEN NIVAS, RAMAPURAM DESOM, KOTTUKAL VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, KATTAKADA. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3914 of 2010 ------------------------------------ Dated this the 29th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, on secret information, a car was intercepted by the excise officials and two persons were found inside the car. On stopping the vehicle, they abandoned the car and escaped. On search of the car, 468 litres of spirit was seized from the car. On investigation, it is revealed that petitioner was using the car, of which petitioner's wife is the R.C. owner. 3. Petitioner was taken into custody in connection with another case and his formal arrest was recorded in this case on 24.05.2010. 4. Learned counsel for petitioner submitted that petitioner is in custody for the past 36 days. He is implicated only in the statement given by his wife, who is on enimical terms with him, that he was using the vehicle. There is no other evidence to connect the petitioner with the crime and he is not involved in abkari offence. B.A. No. 3914 / 2010 2 5. This petition is opposed. Learned Public Prosecutor submitted that as per the materials in the case diary, petitioner was using the vehicle at the relevant time and the investigation is going on. 6. On hearing both sides, I am not satisfied of the innocence of the petitioner and hence bail cannot be granted in view of Section 41 A of the Abkari Act. Petition is dismissed. K. HEMA, JUDGE ln