IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 6327 of 2008() ----------------------------- CMP.6830/2008 of J.M.F.C., KODUNGALLUR CRIME NO.665/08 OF MATHILAKAM POLICE STATION PETITIONERS/ACCUSED NOS. 1 TO 3 --------------------------------------------------- 1. SHAIJAN, S/O.JOSE, CHAKKALAKKAL HOUSE, KOZHIKODE, PULLUT. 2. SHIBU, S/O.VARGHESE, KIZHUPPILLY THATTATHIL HOUSE, PERUMBAVOOR, ERINJOL DESOM. 3. CHACKO @ CHACKOCHAN, S/O.VARKEY, VELLIRINJAL HOUSE, KEEZHILLAM DESOM, RAYAMANGALAM. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THRISSUR DISTRICT. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6327 of 2008 ----------------------------------------- Dated this the 20th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 55(a) and 57 (a) of the Abkari Act. According to prosecution, on 2.9.2008 at about 11.30 AM, the Sub Inspector of Police and party seized 200 litres of spirit and 50 litres of toddy mixed with each other in a toddy shop. One jeep, which was used for transporting the spirit was also taken into custody. Petitioners were present in the toddy shop with others and they were allegedly found mixing spirit with toddy. 3. Petitioners were arrested on 2.9.2008 and they are in custody. This petition is opposed. 4. On hearing both sides, I am not satisfied that the petitioners are innocent of the allegations made and that they will not commit any offence. Hence, bail cannot be granted in view of Section 41A of the Abkari Act. Petition is dismissed. K.HEMA, JUDGE vgs.