IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Bail Appl..No. 3244 of 2008() ----------------------------- CMP.3614/2008 of J.M.F.C.-II,NEYYATTINKARA C.R.NO.24/2008 OF THIRUVANANTHAPURAM EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- SUDHEER, S/O ANILAN, AGED 29, ANIL NIVAS, TC 70/835, KARIKKAKAM DESOM, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.SIJU KAMALASANAN RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, THIRUVANANTHAPURAM RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3244 of 2008 ----------------------------------------- Dated this the 2nd day of June, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a), 55(b), 58 and 65 of the Abkari Act. Petitioner is the first accused. He, along with second accused, was allegedly keeping 384 litres of spirit and 224 litres of illicit toddy in a building. This was detected by the respondent on 15.4.2008 at 3 PM. Petitioner was arrested from the spot and he is in judicial custody since 16.4.2008. 3. This petition is opposed. Learned Public Prosecutor submitted that petitioner's vehicle was used for the purpose of transportation of the contraband articles. His father's vehicle was also used. Learned counsel for petitioner submitted that the petitioner is totally innocent of the allegations made and the building in which the article was found does not belong to him. 4. On hearing both sides, I am not satisfied that the petitioner is not guilty of the offences and that he will not repeat the offence. Hence, in view of Section 41A of the Abkari Act, bail cannot be allowed. Petition is dismissed. K.HEMA, JUDGE vgs.