IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5962 of 2008() ----------------------------- CMP.5078/2008 of J.M.F.C.,KASARAGOD (CRIME NO.290/2001 OF KASARAGOD POLICE STATION) PETITIONERS/ACCUSED -------------------- KALANDAR, 43 YEARS, S/O.BEARY, CHOORITHADKA, BAMBRANE VILLAGE, KODIAMMA, KUMBLA, KASARAGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KASARAGOD REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 5962 of 2008 --------------------------------------------------- Dated this the 26th day of September, 2008. ORDER Petition for bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. Petitioner is the 2nd accused and, as per the allegations, he was involved in an offence of transportation of 400 litres of arrack and 420 litres of spirit in a car. The articles were seized from the car which was parked by the side of the National Highway. 3. The incident occurred as early as on 12.5.2001 but the petitioner was not available for arrest. The case is pending before the Magistrate court and warrants were issued against him and he was arrested only on 14.9.2008. Learned Magistrate dismissed the bail application, since there is chance of absconding if the petitioner is released . 4. Learned counsel for the petitioner submitted that [B.A.No.5962/08] 2 the petitioner was available at the locality and he was not arrested by the police. 5. This petition is opposed. Learned Public Prosecutor submitted that in case petitioner is released on bail there is likelihood that he will abscond. 6. I am also satisfied that if bail is granted to the petitioner, it is likely that the petitioner will abscond and trial will again be protracted. This petition is dismissed. Sd/- K. HEMA, JUDGE. Krs. // True Copy // P.S. to Judge. [B.A.No.5962/08] 3