IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Bail Appl..No. 3541 of 2010() ----------------------------- C.R.NO.14/2004 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI. (S): PETITIONER ------------------------------ SOMAN, THOTTAKATTU(HOUSE), ALLIYAR KARA, KOOTTAR KARA. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): --------------- STATE OF KERALA,(ASSISTANT EXCISE INSPECTOR, UDUMBANCHOLA)REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3541 of 2010 ---------------------------------------------- Dated 30th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 55(g) and 8 (2) of the Kerala Abkari Act. According to prosecution, on 18.3.2004, the Excise officials conducted a search in the property belonging to the petitioner and seized 15,400 litres of Wash and 505 litres of arrack and utensils used for manufacture of liquor. A case was registered. 3. Learned counsel for petitioner submitted that petitioner is not the owner of the property, from which the contraband articles were seized. He is residing 4 kms. away from the property. Only on the allegation that petitioner is the owner of the property that the petitioner is implicated in the case. 4. This petition is opposed. Learned Public Prosecutor submitted that the Village Officer has given a certificate showing that the property, from where the articles were seized belongs to petitioner. 5. On hearing both sides and considering serious BA NO.3541/10 2 nature of the allegations made, I see no ground to grant anticipatory bail to petitioner. Petitioner has not pointed out any materials or circumstances to probabilise his innocence or his non-involvement in the offences. Petition is dismissed. K.HEMA, JUDGE. tgs