IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Bail Appl..No. 3583 of 2010() ------------------------------------------ CMP.NO.2585/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEYYATTINKARA ....... (CRIME NO.1/2010 OF AMARAVILA EXCISE RANGE) PETITIONER (S): 3RD ACCUSED: -------------------------------------------------- VISHNU, S/O.BALAKRISHNAN, ARCHANA NIVAS, KAKKATHOOKI, VELLARADA DESOM, VELLARADA VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, AMARAVILA. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J ---------------------- B.A.No.3583 OF 2010 ----------------------------------- Dated this the 30th day of June, 2010 O R D E R This petition is for bail. 2. The alleged offences are under sections 55(a), 58 and 67B of Abkari Act. According to prosecution, on 4.1.2010 at 9.15 am, accused nos.1 and 2 found transporting 462 lites of spirit in a Maruthi Car. They were arrested from the spot. On investigation, it is revealed that Maruthi car along with the article were handed over to 1st and 2nd accused by petitioner. 3. Learned counsel for the petitioner submitted that petitioner surrendered before the court on 17.5.2010 and he is in custody for the past 45 days. Petitioner's marriage is fixed to 4.7.2010. 4. Learned public prosecutor submitted that petitioner is involved in various other cases. He is in the habit of committing theft of cars and using the same for transportation of contraband articles. It is likely that he will abscond if bail is granted and this B.A. No.3583/10 2 petition is opposed. 5. On hearing both sides,I find that there is nothing to indicate that petitioner is not guilty or that he will not repeat the offence. Hence, in view of section 41(A) of Abkari Act, bail cannot be granted. This petition is dismissed. K. HEMA, JUDGE. Sou.