IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4504 of 2008() ----------------------------- (CRIME NO.82/08 OF ALAPPUZHA NORTH POLICE STATION) PETITIONER/IST ACCUSED --------------------------------------- BAIJU ALIAS MONICHAN, CHOTHARA, KADAKKARAPPALLY, CHERTHALA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4504 of 2008 ----------------------------------------------- Dated this the 22nd day of July, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 8(1) and (2) and 55(a) of the Abkari Act. According to prosecution, 80 litres of wash and utensils used for manufacturing arrack were seized from the property of the petitioner. 3. Learned counsel for the petitioner submitted that the petitioner was not present at the scene at the time of occurrence. He was residing away from the place of occurrence for some time past and he has absolutely no connection with the article seized. 4. This petition is opposed.Learned counsel for the petitioner submitted that the articles were seized from the side of the road and not from the petitioner's property. The property abuts the road and hence the petitioner was unnecessarily dragged into the offence, it is submitted. But, learned Public Prosecutor pointed out that as per the case diary statement, recovery was effected from the petitioner's property. [B.A.4504/08 2 On hearing both sides, I find that no materials are available at present to support the plea of innocence. Hence, in view of Section 41A of Abkari Act, even regular bail cannot be granted. I am not therefore inclined to grant anticipatory bail to the petitioner. This petition is dismissed. K. HEMA, JUDGE. Krs.