IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3715 of 2008()
1. VINO,S/O JOSEPH, AGED 38 YEARS,
... Petitioner
Vs
1. STATION HOUSE OFFICER, ALAKODE POLICE
... Respondent
For Petitioner :SRI.V.A.SATHEESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 3715 of 2008
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Dated this the 17th day of June, 2008
O R D E R
This petition is for anticipatory bail.
2. Petitioner is the sole accused in the crime registered under
Section 8(1) and (2) of the Abkari Act. According to prosecution, on
7.10.2007, the petitioner was found in possession of 15 litres of
country made arrack kept in a can in a plantation owned by the
Government. Petitioner ran away from the spot on seeing the police
officials and hence he could not be arrested from the scene.
3. Learned counsel for petitioner submitted that the property
does not belong to the petitioner. He was not arrested from the
spot. He was only allegedly seen running away and possession
cannot be attributed to the petitioner in these circumstances.
4. Learned Public Prosecutor opposes this bail application and
he pointed out that the petitioner was identified from the spot itself,
though he could not be arrested from the spot. His name is
mentioned in the FIR itself and the allegations in the record show
that he was in possession of the liquor.
BA.3715/08 2
5. On hearing both sides, I am not satisfied of the innocence
of the petitioner and in the light of the objection made, even bail
cannot be granted, in view of Section 41A of the Abkari Act.
This petition is dismissed.
K.HEMA, JUDGE
vgs.