IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Bail Appl..No. 5109 of 2008() ----------------------------- CMP.4326/2008 of J.M.F.C.,NEDUMKANDOM CRIME NO.108/08 OF KUMBAMMETTU POLICE STATION PETITIONER : ACCUSED NO.3: ------------------------------ SHAJI, S/O.JOSEPH, THOPPIL HOUSE, KOCHARA KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK-IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS: COMPLAINANT: ------------------------- 1. SUB INSPECTOR OF POLICE, KUMBAMMETTU POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5109 of 2008 ----------------------------------------- Dated this the 4th September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, petitioner along with 8th accused were found manufacturing illicit liquor and 5800 litres of wash and 120 litres of arrack were seized from the place of occurrence. Four persons, who were present at the scene, ran away on seeing the police officials. 3. Petitioner is the third accused, who allegedly ran away from the scene. He surrendered before the Magistrate Court on 22.7.2008 and he is remanded to custody. 4. Learned Public Prosecutor submitted that huge quantity of liquor is involved in this case and manufacturing was going on from the side of a river. Accused 3, 4 and 5 alone are arrested and other are at large. The incident was on 18.7.2008 and at this stage, bail may not be granted to the petitioner. On hearing both sides, I am satisfied that the twin conditions in Section 41A of the Abkari Act are not made out and hence, bail cannot be granted. Petition is dismissed. K.HEMA, JUDGE vgs.