IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 4486 of 2008() ----------------------------- CRMP.2004/2008 of DISTRICT COURT, PALAKKAD CRIME NO. 10/08 TRITHALA POLICE STATION PETITOINER (S): PETITIONER/ACCUSED:- ---------------------------------------- V.CHANDRAN, AGED 38 YEARS, S/O.MR. APPUTTY, VARIKOTTIL HOUSE, MALAMALKAVU P.O., KOODALOOR (VIA), PALAKKADU DISTRICT. BY ADV. SRI.C.A.MAJEED RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, TRITHALA EXCISE RANGE, PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4486 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 55(a) and 55(g) of the Abkari Act. According to prosecution, seven litres of arrack and some utensils used for the manufacture of liquor were seized from the kitchen of the house owned by petitioner. 3. Learned counsel for petitioner submitted that petitioner was not present at the scene, as admitted by prosecution. Petitioner is also not the owner of the house. Even the kitchen, from which the articles are allegedly seized, is kept open and anybody can have access. Therefore, criminal liability cannot be attached to the petitioner and hence he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the records, the contraband articles were seized from the kitchen attached to the house which belongs to petitioner, where petitioner is also residing. Though petitioner was not available at the time of seizure, he is liable for the possession of the articles which were seized from the house belonging to him and which was in possession of petitioner. 5. After hearing both sides, I find that there is only bare assertions on the side of petitioner that the place from where the BA 4486 /08 -2- articles were seized does not belong to him. Such assertions may not be sufficient to conclude his innocence. Unless petitioner cannot be found guilty, even regular bail cannot be granted in view of section 41A of the Abkari Act. In the above circumstances, anticipatory bail cannot be granted. This petition is dismissed. K.HEMA, JUDGE. mn.