IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5404 of 2008() ----------------------------- CMP.4681/2008 IN CRIME NO.235/2008 OF NEYYATINKARA POLICE STATION .................... PETITIONERS : ACCUSED: ------------------------- 1. ARUNKUMAR @ ANI, AGED 22 YEARS, S/O.MOHANAKUMAR, VADAKKE ANNAVILAKATHU VEEDU, BACKSIDE OF RAMESWARAM TEMPLE, ERUMPIL DESOM, NEYYATTINKARA. 2. RATHEESH, AGED 21 YEARS, S/O.VENU, ANNAVILAKAM VEEDU, AMARAVILA, NEYYATTINKARA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No. 5404 of 2008 ------------------------------------------------------- Dated this the 29th day of August, 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 were transporting 350 litres of spirit in an autorickshaw. But, on seeing the police, petitioners ran away and they could not be arrested from the spot. First petitioner (A1) was arrested on 9.8.2008 and second petitioner (A2) surrendered before the court on 11.8.2008. The incident occurred on 11.5.2008. 3. This petition is opposed. 4. After hearing both sides, I find that there is nothing to substantiate the innocence of the petitioners and I am also not satisfied that the petitioners may not repeat the offence. Hence, bail cannot be granted in view of Section 41(A) of Abkari Act. The petition is dismissed. K.HEMA, JUDGE csl