IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Bail Appl..No. 3575 of 2008() ----------------------------- CRIME NO.142/2008 OF MANJESHWAR POLICE STATION. PETITIONER/ 2ND ACCUSED ---------------------------------------- LATHAN TELIS, S/O.BALTHU TELIS, MATTUGUDDE HOUSE, KOLIYOOR GRAMAM, KASARAGODE. (ADDRESS OF THE PETITIONER SHOWN IN THE LOWER COURT ORDER IS CORRECT) BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/ STATE ------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3575 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of June, 2008 O R D E R Application for bail. 2. Petitioner is the 1st accused. The alleged offences are under section 55(a) and (g) of the Abkari Act. According to the prosecution, on 7- 5-2008 at about 10.30 a.m. the officers of the Excise Department conducted a search in the house belonging to the petitioner, which is also in his possession, and seized 7500 packets of arrack and packing machine. The learned Public Prosecutor submitted that there was a secret chamber in the house from where the articles were seized. The petitioner was present there and he was arrested. The 2nd accused who is his son ran away. 3. The learned counsel for the petitioner submitted that the petitioner is made an accused only because he is the owner of the house. He is innocent of the allegations made. The petitioner's son was directed to appear before the Investigating Officer and he will surrender tomorrow. In the above circumstances, the petitioner may be released on bail, it is submitted. BA 3575/08 -2- 4. This application is opposed. On hearing both sides, I do not find any reason at this stage to infer that the petitioner is not guilty of the offence. Hence, bail cannot be granted in view of section 41A of the Abkari Act. The application is dismissed. K. HEMA, JUDGE. mn.