IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Bail Appl..No. 3211 of 2010() ----------------------------- CMP.1676/2010 of J.M.F.C. - II, MAVELIKKARA Crime No.243/2010 of Nooranadu Excise range, Alappuzha District .................... PETITIONER/4TH ACCUSED ------------------------------------------ SADUKUTTAN, AGED 40 YEARS, S/O.KOCHUCHERUKKAN, PATTUKALATHIL VEEDU, CHERUMUKHA MURI, IRANIKKUDI P.O., NOORANADU. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY EXCISE INSPECTOR, KARTHIKAPPALLY RANGE. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3211 of 2010 ------------------------------------ Dated this the 17th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 8(2) and 55(g) of the Abkari Act. According to prosecution, petitioner(A4) along with three others were found in possession of 3850 litres of wash for illicit distillation on 13.04.2010 at 5 P.M. Petitioner ran away from the scene and hence he could not be arrested. 3. Petitioner surrendered before the Magistrate Court on 10.05.2010 and he is in custody for the past 39 days. This petition is opposed. Learned Public Prosecutor submitted that petitioner could not be arrested from the spot and the quantity involved is high. 4. On hearing both sides, I am not satisfied that petitioner is not guilty and that he will not repeat the offence. Hence in the light of Section 41 A of Abkari Act, bail cannot be granted. This petition is dismissed. K. HEMA, JUDGE ln