IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Bail Appl..No. 1106 of 2010() ----------------------------- CRIME NO.92/2010 OF NADAPURAM POLICE CIRCLE OFFICE (S): PETITIONER/ACCUSED -------------------------------------- PALANCHALA KOILOTH CHANDRAN, KUMMOKKODE AMSOM, NADAPURAM DESOM, VADAKARA TALUK, KALLACHI.P.O., KOZHIKODE. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. CIRCLE INSPECTOR OF POLICE, NADAPURAM CIRCLE, KOZHIKODE. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.1106 of 2010 ---------------------------------------------- Dated 29th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Kerala Abkari Act. According to prosecution, petitioner was found in possession of 3.88 litres of Indian Made Foreign Liquor, which is not intended for sale in Kerala. He had 14 bottles with him, which was meant for sale. On seeing the police, petitioner abandoned the articles and ran away. A case was registered and the articles were seized. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made and he is not involved in the case. He has not kept in his possession any contraband articles, as alleged. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations in the case diary, petitioner has committed the offence by keeping in his possession 3.88 litres of Indian Made Foreign Liquor . 5. On hearing both sides, I find that petitioner is not BA NO. 1106/10 2 able to substantiate the twin conditions contained in Section 41A of the Kerala Abkari Act. There is only a bare denial of the allegations made. There is no material or circumstance to indicate the petitioner's innocence. Hence, anticipatory bail cannot be granted. Petition is dismissed. K.HEMA, JUDGE. tgs