IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2003 of 2009()
1. AJI VASUDEVAN S/O. LATE VASUDEVAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :21/04/2009
O R D E R
V.K.MOHANAN, J.
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B.A. No.2003 OF 2009
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Dated this the 21st day of April, 2009
O R D E R
The allegation against the petitioner is that he had
committed the offences punishable under Sections 55(a)
and 58 of the Kerala Abkari Act. Consequently crime
No.13/2009 was registered against him in the Thiruvalla
Excise Range and he was arrested on 22.03.2009. Now he
seeks regular bail.
2. The allegation against the petitioner is that on
16.03.2009, the Excise Inspector, Thiruvalla and party
while on patrol duty, found 30 litres of Indian made foreign
liquor in 30 bottles in the property of the petitioner. He ran
away from the spot, on seeing the excise party and
subsequently, he was arrested.
3. I have heard the learned counsel for the petitioner
as well as the learned Public Prosecutor.
4. The learned counsel submitted that even according
to the prosecution, there is no allegation that the petitioner
B.A.No.2003 of 2009
2
was found in possession of the contraband article but the
allegation is that the contraband article was found in the
property which belonged to the petitioner. Thus according
to the learned counsel, the petitioner is falsely implicated in
the crime. It is also the case of the petitioner that the
investigation of the case is practically over and no further
detention of the petitioner is necessary. The learned Public
Prosecutor stoutly opposed the application stating that the
petitioner was found in possession of 30 litres of Indian
made foreign liquor without any authority and he ran away
from the spot on seeing the excise party.
5. I have carefully considered the contentions
advanced by both the counsel for the petitioner as well as
the learned Public Prosecutor. Considering the nature of
allegation made and the allegation that the petitioner is
found in possession of 30 litres of Indian made foreign
liquor in 30 bottles, I am unable to found any ground to
satisfy the twin conditions stipulated in Section 41A of the
Abkari Act so as to grant bail to the petitioner. It is relevant
B.A.No.2003 of 2009
3
to note that the arrest was only on 22.03.2009 and
investigation is in progress. Therefore, the petitioner is not
entitled to get bail at this stage.
In the result, there is no merit in the petition and
accordingly the same is dismissed.
V.K.MOHANAN
JUDGE
pac