IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6838 of 2008() ----------------------------- CMP.5062/2008 of J.M.F.C.,KATTAKADA CRIME NO. 226/2006 OF NEYYARDAM POLICE STATION PETITIONER/1ST ACCUSED:- ----------------------------- AJITH @ SUNANDAN S/O. VELAYUDHAN, MELE KALLARATHALA PUTHEN VEEDU, RAMAPURAM, ATHIYANNOOR DESOM AND VILLAGE. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6838 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of November,2008 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, on 29-10-2006 at 12.10 p.m. a Tata Sumo vehicle was found parked by the side of the road and on search, 805 litres of spirit in 23 cans were found in the vehicle. Petitioner is 1st accused who is the R.C. owner of the vehicle. He along with 2nd accused, was transporting the article. But due to mechanical defect, the vehicle was parked by the side of the road and petitioner had gone in search of a mechanic. The other accused was standing slightly away from the vehicle and watching. Both of them absconded. 3. Petitioner absconding and he was arrested only on 29-9- 2008, after two years of the incident. Learned Public Prosecutor submitted that 2nd accused is no more. Charge has not been laid so far. This petition is opposed. 4. On hearing both sides, I find that there is nothing on record to show that petitioner is innocent. By virtue of section BA 6833/08 -2- 41A of the Abkari Act bail cannot be granted, unless court is satisfied that accused is not guilty and that he will not repeat the offence. This petition is dismissed. K.HEMA, JUDGE. mn.