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. 3468 of 2008() ----------------------------- (CRIME NO. 486/07 OF KILIMANOOR POLICE STATION) .................... PETITIONER/2ND ACCUSED --------------------------------------- SUNILKUMAR, S/O.SUKUMARAN, JYOTHISIL, PLANKAMURI, NEYYATTINKARA VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING CIRCLE INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. 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. 3468 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R Application for bail. 2. As per the prosecution case, on 12-12-2007 at 1 a.m. the accused was found driving a car with another person and on seeing the police they abandoned the vehicle and escaped from the scene. They could not be arrested. 770 litres of spirit was recovered from the car. A false number was exhibited on the car and attempts are made to trace out the owner. The petitioner, who is the 2nd accused in the crime was arrested on 19-3-2008. 3. This application is opposed. It is submitted by the learned Public Prosecutor that the petitioner is an accused in another case also involving offence under the Abkari Act. The person who supplied the spirit has to be traced out and if the petitioner is released on bail, it will adversely affect the investigation. The learned counsel for the petitioner would not substantiate the innocence of the petitioner or ensure that the petitioner will not repeat the offence. Hence, in view of section 41B of the Abkari Act bail cannot be granted. Hence, the application is dismissed. K. HEMA, JUDGE. mn.