IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 3380 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2800/2010 CMP.2492/2010 of J.M.F.C.-I,ATTINGAL .................... (CRIME NO.27/2010 OF EXCISE RANGE, CHIRAYANKEEZH, THIRUVANANTHAPURAM DISTRICT) PETITIONER/ACCUSED -------------------------------------- NAZEER,S/O.HAJI HASSAN, KADAVIL VEEDU, PUTHENTHOPPU NORTH,CHANNANKARA DESOM, KADINAMKULAM VILLAGE,THIRUVANANTHAPURAM TALUK. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- THE EXCISE INSPECTOR, EXCISE RANGE, CHIRAYANKEEZH,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3380 OF 2010 -------------------------------- Dated this the 16th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offence is under Section 58 of Abkari Act. According to prosecution, petitioner was found transporting 225 litres of Indian Made Foreign Liquor in a vehicle driven by him. Petitioner was arrested from the spot on 23/04/2010. 3. Petitioner is in custody for the past 54 days. This petition is opposed. Learned Public Prosecutor submitted that the quantity involved is high and petitioner has no explanation for the possession. 4. On hearing both sides, I am satisfied that petitioner is not able to substantiate his innocence and hence, in view of Section 41 A of the Abkari Act, bail cannot be granted. Petition is dismissed. K.HEMA JUDGE vdv