IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3719 of 2008() ----------------------------------------- (CRIME NO.23/2000 OF KASARAGODE EXCISE RANGE) PETITIONER/ACCUSED: ----------------------------------- MOILARICH W ABDULRAHIMAN, S/O.YOUSAF, AGED 37 YEARS, REFAYI MANZIL H.V1-314 VORKADY GRAMA PANCHAYATH, KASARAGOD BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------------------------------------ 1. THE EXCISE INSPECTOR, KASARAGOD EXCISE RANGE. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3719 of 2008 ------------------------------------------- Dated this the 10th day of June, 2008 ORDER Petition for bail. 2. According to the prosecution, petitioner was found transporting 6000 packets each containing 100 ml. of arrack and 35 litres of spirit in a vehicle and the petitioner could not be arrested, since he ran away after stopping the vehicle. 3. This petition is opposed. Learned public prosecutor submitted that the petitioner could not be arrested and the charge was laid on 31.3.2004 and warrant was issued against him repeatedly by the court below. He was at last arrested on 6.5.2008. The petitioner was absconding for the last about 8 years. Petitioner was remanded to custody and the case is pending as C.P.No.112/08. At this juncture, if the petitioner is granted bail, it is submitted that he will not be available for trial. 4. Learned counsel for the petitioner submitted that the petitioner may be granted bail imposing stringent conditions. He stated that petitioner did not know about the pendency of the proceedings. BA NO.3719/08 2 5. On hearing both sides, I find that if bail is granted, it is likely that the petitioner's presence may not be procured for trial. Hence, I am not inclined to grant bail at this stage. However, if there is undue delay in disposing of the case, the petitioner will be at liberty to move either the lower court or this court again for bail. With these observations, this petition is disposed of. K.HEMA, JUDGE csl