IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3715 of 2008() ----------------------------- (CRIME NO.240/2007 OF ALAKODE POLICE STAITON & C.P. NO.23/2008 OF JFCM COURT, TALIPARAMBA, KANNUR DT.) PETITIONER/ACCUSED:- ------------------------------------- VINO,S/O JOSEPH, AGED 38 YEARS, NALLAKUNNEL HOUSE, P.O. KAPPIMALA, VELLAD AMSOM NADUCIL DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: /COMPLAINT:- ------------------------- STATION HOUSE OFFICER, ALAKODE POLICE STATION KANNUR DISTRICT (CRIME NO. 240/07 OF ALAKODE POLICE STTION, KANNUR DISTRICT). REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3715 of 2008 ----------------------------------------- Dated this the 17th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioner is the sole accused in the crime registered under Section 8(1) and (2) of the Abkari Act. According to prosecution, on 7.10.2007, the petitioner was found in possession of 15 litres of country made arrack kept in a can in a plantation owned by the Government. Petitioner ran away from the spot on seeing the police officials and hence he could not be arrested from the scene. 3. Learned counsel for petitioner submitted that the property does not belong to the petitioner. He was not arrested from the spot. He was only allegedly seen running away and possession cannot be attributed to the petitioner in these circumstances. 4. Learned Public Prosecutor opposes this bail application and he pointed out that the petitioner was identified from the spot itself, though he could not be arrested from the spot. His name is mentioned in the FIR itself and the allegations in the record show that he was in possession of the liquor. BA.3715/08 2 5. On hearing both sides, I am not satisfied of the innocence of the petitioner and in the light of the objection made, even bail cannot be granted, in view of Section 41A of the Abkari Act. This petition is dismissed. K.HEMA, JUDGE vgs.