IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2514 of 2010() --------------------------------------- CRIME NO.3/2010 OF THIRUPURAM EXCISE RANGE. ................ PETITIONER/ACCUSED -------------------------------------- MADHAVAN @ VARGHESE, S/O YOVEL, AGED 63 YEARS, RESIDING AT SABARIMUTTOM THALAYANVILAKOM, ATHIYANOOR DESOM, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.2514 OF 2010 ----------------------------------- Dated this the 27th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under section 8(2) of Abkari Act. Petitioner was found transporting two litres of Arrack. On seeing the excise party, petitioner ran away. He could not be arrested. 3. Learned counsel for petitioner submitted that petitioner is aged 50 years and he is having several diseases. He is innocent of the allegations made. He is falsely implicated in the crime. 4. This petition is opposed. Learned public prosecutor submitted that petitioner is involved in five similar cases and this is not a fit case to grant anticipatory bail. 5. On hearing both sides I find that offence involved is under Abkari Act. Even in a regular application for bail, if B.A. No.2514/10 2 the application is opposed, the court has to be satisfied that accused is not guilty and that he will not repeat the offence if bail is to be granted. From the submissions made, I am not satisfied that this is a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Sou.