IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3893 of 2010() ----------------------------- CRIME NO.263/2009 OF KATTAKKADA EXCISE RANGE, THIRUVANANTHAPURAM (S): ACCUSED NO.1 -------------------------------- VINOD, AGED 36 YEARS, S/O.MADHAVA PANICKER, RESIDING AT M.P.XIV/312, OLIPPUNADA, MALAYINKAL DESOM, MALAYINKAL VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3893 of 2010 ---------------------------------------------- Dated 1st July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Section 55(a) of the Kerala Abkari Act. According to prosecution, on 20.5.2010, a search was conducted in a building, which is owned and possessed by petitioner and from the under ground storage space, 350 litres of spirit and utensils for illicit distillation were seized. A case was registered against petitioner and second accused. 3. Learned counsel for petitioner submitted that petitioner was arrested in connection with another crime, on 31.5.2010 and his formal arrest in this case was recorded on 9.6.2010. Petitioner was implicated in this case, only on the ground that petitioner is in possession of the property. The property belonged to petitioner's wife and she had purchased the property on 28.1.2008. The property was sold in favour of second accused, by virtue of an agreement on 22.7.2008 and the possession was also given to second accused. The second BA NO.3893/10 2 accused started constructing a building in the property and he had also taken building permit in his name, with the consent of petitioner's wife. These are all born out by records (Annexure I and II). 4. It is also submitted that petitioner and his wife met with a motor accident and the wife died on 6.9.2008, consequent to the injury sustained in the accident. Petitioner also was seriously injured and he is handicapped. He is also having diabetes. Petitioner is not the owner of the property and he is not in possession of the property. 5. This petition is opposed. Learned Public Prosecutor submitted that petitioner is involved in three other similar cases. In one of the cases, the same modus operandi was adopted by petitioner and in an underground space of a building, petitioner had kept in possession one lakh litres of Wash and it was seized and a case was registered. Petitioner was arrested in connection with another crime, when he was found in possession of 70 litres of Wash, which was being transported by him, along with another, on 31.5.2010. Thereafter, his arrest was recorded in this case. It is also submitted that certificates issued by the Village Officer are BA NO.3893/10 3 available in the case diary, which will show that petitioner is the owner and he is in possession of the building. 6. On hearing both sides, I am not satisfied of the twin conditions in Section 41A of the Kerala Abkari Act and hence, by virtue of the said section, bail cannot be granted. Petition is dismissed. K.HEMA, JUDGE. tgs