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. 7601 of 2008() ----------------------------------- CMP.5427/2008 of J.M.F.C.-I,HOSDRUG CR. NO.66/2008 OF EXCISE RANGE, HOSDURG .................... PETITIONER/ACCUSED : ----------------------------- M.K.SHAMEER, AGED 24 YEARS, S/O.M.K.KOYA, KUNHIPURAYIL, CHAVASSERY, MATTANNUR. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/STATE : -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O.EXCISE RANGE, HOSDURG. BY PUBLIC PROSECUTOR SRI.SALIM P.A. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7601 OF 2008 ------------------------------ Dated this the 2nd day of January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, on 24.11.2008 at about 7 a.m., the petitioner was found transporting 640 liters of spirit in a vehicle. He was arrested from the spot. 3. This petition is opposed. Learned counsel for petitioner could not pointed out any circumstances to indicate the innocence of the petitioner, who was arrested from the spot. Hence, in view of Section 41A of Abkari Act, bail cannot be granted. The petition is dismissed. K.HEMA, JUDGE pac