IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 7013 of 2008() ----------------------------- CRMP.5234/2008 of J.M.F.C., HARIPAD CRIME NO.12/08 OF KARTHIKAPPALLY EXCISE RANGE PETITIONER: ACCUSED NO.2: --------------------------------- SURESH KUMAR, AGED 23 YEARS, S/O.SOMARAJAN, VELASSERI MANNEL, CHOOLATHERUVU MURI, MUTHUKULAM, KARTHIKAPPALLY. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7013 of 2008 ----------------------------------------- Dated this the 17th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2) and 55(g) of the Abkari Act. According to prosecution, petitioner (second accused), along with first accused, were found handling 40 litres of arrack and 700 litres of wash. The incident happened on 22.1.2008 and petitioner could not be arrested from the spot, since he ran away. Contraband articles along with the implements for distillation were seized. 3. Petitioner surrendered before the Magistrate Court on 25.10.2008 and he is in custody since then. Learned Public Prosecutor opposed this bail application. 4. On hearing both sides, I am not satisfied of the innocence of the petitioner or that he may not be repeat the offence. Hence, under Section 41A of the Abkari Act, bail cannot be granted. Petition is dismissed. K.HEMA, JUDGE vgs.