IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Bail Appl..No. 7723 of 2008() ----------------------------- CMP.6130/2008 of J.M.F.C.,KATTAKADA CRIME NO.140/08 OF ARYANADU EXCISE RANGE PETITIONER ------------------------------ NANDAKUMAR , S/O.MURUKESAN NAIR PALLIVILAKATHU VEEDU, NEAR RC CHRISTIAN PALLY BALARAMAPURAM, PALLICHAL VILLAGE FROM PANAYIL VEEDU, MELE VETOOR DESOM, PUTHENCHANTHA VILLAGE MALAYINKIL TALUK. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, ARYANADU EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.SALIM P.A. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7723 OF 2008 ----------------------------------------- Dated this the 2nd January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a)(1), 65, 67, 13 of the Abkari Act. According to prosecution, on 27.11.2008, petitioner was found transporting 525 litres of spirit in 15 cans in a car. Petitioner was arrested from the spot. Petitioner is in custody from 27.11.2008 onwards. 3. Learned counsel for petitioner submitted that petitioner is sick and he is laid up. Order of the learned Magistrate itself shows that the petitioner was lying in a bed in the ward in Medical College Hospital and he was remanded in judicial custody from the hospital. Therefore, he may be granted bail, it is submitted. He also produced Annexure-2 medical report. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioner's connection with other mafia, who are engaged in transportation of spirit is suspected and hence, he may not be granted bail at this stage. 5. On hearing both sides and on going through the records, I find that Annexure-2 relates to petitioner's condition in 2007. As per Annexure-2, petitioner was admitted with abdominal pain and BA.7854/08 2 he was treated with analgesics and at the time of discharge, petitioner was resting comfortable. It appears that there was lower ureteric obstruction by calculus. Except this, there is nothing to show that petitioner is having any serious problem now. The records relate to 2007. On the basis of the records produced, I am not inclined to grant bail to petitioner at this stage, especially since petitioner is getting medical assistance. 6. Still, it is open to petitioner to apply for bail again before Magistrate Court in case petitioner's condition is too bad and in such circumstances, learned Magistrate shall dispose of the bail application on merits. Petition is dismissed. K.HEMA, JUDGE vgs.