IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Bail Appl..No. 4220 of 2010() ----------------------------- CMP.1760/2010 of J.M.F.C.,PEERUMEDU .................... (CRIME NO.14/2010 OFADIMALY EXCISE RANGE, IDUKI) PETITIONER/ACCUSED NO.1 & 2 ----------------------------------------------- 1. SHINE, S/O.DAMODHARAN, KEVALAYIL VEEDU, VENGALLUR KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK. 2. VIJUMON @ BIJUMON, S/O.NARAYANAN, OOLANIYIL VEEDU, MUNIYARA KARA, KONNATHADI VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, ADIMALI, IDUKKI, PIN-685 561. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4220 OF 2010 -------------------------------- Dated this the 15th day of July 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 55(a), 58, 67 B of the Abkari Act. According to prosecution, on 01/07/2010, at about 5:30 p.m, excise officials intercepted two vehicles. One of the vehicles was driven by first accused, in which, second accused was a passenger. 160 litres of spirit were siezed from the vehicle. From the other pick-up van, which was driven by third accused, 320 litres of spirit were seized and thereby, accused numbers 1 to 3 committed the above offences. 3. Learned counsel for petitioner submitted that first accused is a contractor in FACT, and second accused is an agriculturist. They are totally innocent of the allegations made. They were going to meet second accused's mother. Petitioners are cousins. Nothing was seized from petitioner's vehicle. It is unlikely that petitioners would transport spirit in a car which has no protective film and the car is a new and costly one. 4. This petition is opposed. Learned Public Prosecutor submitted that 160 litres of spirit were seized from the car in which petitioners were travelling. They have no explanation for the B.A No.4220 OF 2010 2 possession. They were arrested from the spot on 01/07/2010. Investigation is in progress. Petitioners are not involved in any other crime. There is no reason why police would foist a false case against petitioners, it is submitted. 5. On hearing both sides, I find that bail cannot be granted in view of Section 41A of Abkari Act, since the submissions made by learned counsel for petitioner are not sufficient to probabalise that the petitioners are not guilty and that they will not repeat the offence. Petitioners have no explanation for the possession of contraband article. Petition is dismissed. K.HEMA JUDGE vdv