IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4200 of 2010()
1. BAIJU, S/O.THYAGARAJAN,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :16/07/2010
O R D E R
K.HEMA, J
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B.A No.4200 OF 2010
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Dated this the 16th day of July 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 55(a) and 67 B of
the Kerala Abkari Act. According to prosecution, on 14/06/2010, at
about 9 p.m, petitioner was found transporting 320 litres of spirit in
a car. Petitioner was arrested from the spot.
3. Learned counsel for petitioner submitted that petitioner is
in custody for the past 30 days.
4. This petition is opposed. Learned Public Prosecutor
submitted that taking into consideration the gravity of offence and
the quantity involved, it is not fit to grant bail to petitioner at this
stage.
5. On hearing both sides, I am not satisfied that petitioner is
not guilty and that he will not repeat the offence. Hence bail
cannot be granted in view of Section 41A of Abkari Act.
Petition is dismissed.
K.HEMA
JUDGE
vdv