IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3351 of 2008() ----------------------------- CMP.2302/2008 of J.M.F.C.-I,NEYYATINKARA CRIME 16/08 OF THIRUPURAM EXCISE RANGE, PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEYYATTINKARA .................... PETITIONER/ACCUSED ----------------------------------- PRABHAVATHY, AGED 59, D/O.KAMALAMMA, KADUTHARISSU VEEDU, AVANAKUZHY, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANTS ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3351 of 2008 ----------------------------------------- Dated this the 27th day of May, 2008 O R D E R This petition is for bail. 2. According to prosecution, petitioner was carrying a can containing 5 litres of arrack. The incident was on 6.4.2008. But petitioner ran away and hence she could not be arrested. She surrendered before the court on 16.4.2008. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. No recovery is effected from her custody or possession. Admittedly, the can was thrown away and respondent could not seize it from the hands of the petitioner, it is submitted. In such circumstances, petitioner cannot be found guilty of the offence, it is argued. 4. This petition is strongly opposed. It is submitted that petitioner is involved in seven crimes of similar nature. Petitioner could not be arrested, since she escaped from the spot. But that will not wash away the guilt. Nothing is stated by learned counsel for petitioner to substantiate innocence of the petitioner. In the above BA.3351/08 2 circumstances, in view of Section 41(A) of the Abkari Act, bail cannot be granted. Petition is dismissed. K.HEMA, JUDGE vgs.