IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Bail Appl..No. 4200 of 2010() ----------------------------- CMP.3684/2010 of J.M.F.C.-II,NEDUMANGAD .................... (CRIME NO 34/2010 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM) PETITIONER/ACCUSED -------------------------------------- BAIJU, S/O.THYAGARAJAN, SAMUDAYAPATTE PUTHEN VEEDU, SAMUDAYAPATTE DESOM, MURIYANKARA, PARASSALA VILLAGE, NEYYATTINKARA TALUK, FROM MALAVILA VEEDU, VILAVANKODE VILLAGE, VILAVANKODE TALUK, KANYAKUMARY DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4200 OF 2010 -------------------------------- Dated this the 16th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 55(a) and 67 B of the Kerala Abkari Act. According to prosecution, on 14/06/2010, at about 9 p.m, petitioner was found transporting 320 litres of spirit in a car. Petitioner was arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 30 days. 4. This petition is opposed. Learned Public Prosecutor submitted that taking into consideration the gravity of offence and the quantity involved, it is not fit to grant bail to petitioner at this stage. 5. On hearing both sides, I am not satisfied that petitioner is not guilty and that he will not repeat the offence. Hence bail cannot be granted in view of Section 41A of Abkari Act. Petition is dismissed. K.HEMA JUDGE vdv