IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH MAY 2008 / 19TH VAISAKHA 1930 Bail Appl..No. 2958 of 2008() ----------------------------- (CR.NO.16/2008 OF ALTHUR EXCISE RANGE, PALAKKAD DISTRICT) .................... PETITIONER/ ACCUSED: ------------------------- CHINNU, S/O.CHAMI, AGED 48, CHERUVANCHIPARAMBU, KATHAMPOTTA, MELARKODE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, ALATHUR EXCISE RANGE, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR STI. AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------- Bail Appl.No. 2958 of 2008 ------------------------------------- Dated this the 9th day of May, 2008 ORDER Heard both sides. 2. The alleged offence is punishable under Section 8(1) and (2) of the Abkari Act. The article involved is 4.5 litres of arrack. The offence was committed about 8 days back i.e. on 1.5.2008. The petitioner is in custody since then. He was caught red-handed with the contraband article. 3. Learned counsel appearing for the petitioner submitted that the petitioner is a Poojari having good reputation and he is not involved in the offence. It is further submitted that the the festival is scheduled to be held day after tomorrow and the attempt is to tarnish the reputation of the petitioner and he is absolutely innocent of the matter. It is only due to political rivalry that a case is falsely foisted against him, it is submitted. 4. This petition is opposed by the learned Public Prosecutor. Though it is alleged that it is a falsely foisted case on the basis of political rivalry, there is nothing to substantiate such [BA.2958/08] 2 contentions. Since the bail application is opposed, unless the petitioner establishes that he is not guilty of the office, his bail application cannot be granted. Application is dismissed. Sd/- K. HEMA, JUDGE. Krs.