IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3629 of 2009() ----------------------------------- CR NO.9/2008 OF CHENGANACHERRY EXCISE RANGE PETITIONER/ACCUSED: -------------------------------------- VINOD, S/O.GOPALAKRISHNA PILLAI, KOCHAVANDOOR HOUE, KULATHUR PRAYAR, VELLAVOOR, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/COMPLAINANT: ---------------------------------------------- THE EXCISE INSPECTOR, CHANGANACHERRY EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3629 of 2009 ------------------------------------------- Dated this the 6th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 2nd accused in CR No.9/2008 of Changanacherry Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1)&(2) and 55(a) of the Abkari Act. 3. The prosecution case is that on 1/03/2008, the accused persons were found transporting 20 litres of arrack and 60 litres of spirit. The petitioner was arrested on 17/06/2009. The petitioner could not be arrested on 1/03/2008 as he ran away from the scene of occurrence. 4. In the light of the quantity of arrack and spirit involved in the case and also taking into account the fact that the petitioner could be arrested only on 17/06/2009, I do not think that the petitioner is entitled to bail at this stage. The Bail Application is accordingly dismissed, however, with liberty of the petitioner to move for bail after two weeks. K.T. SANKARAN, JUDGE scm