IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4486 of 2008()
1. V.CHANDRAN, AGED 38 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.A.MAJEED
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/09/2008
O R D E R
K. HEMA, J.
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B.A. No. 4486 of 2008
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Dated this the 24th day of September,2008
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 55(a) and 55(g)
of the Abkari Act. According to prosecution, seven litres of arrack
and some utensils used for the manufacture of liquor were seized
from the kitchen of the house owned by petitioner.
3. Learned counsel for petitioner submitted that petitioner
was not present at the scene, as admitted by prosecution.
Petitioner is also not the owner of the house. Even the kitchen,
from which the articles are allegedly seized, is kept open and
anybody can have access. Therefore, criminal liability cannot be
attached to the petitioner and hence he may be granted
anticipatory bail, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that as per the records, the contraband articles were
seized from the kitchen attached to the house which belongs to
petitioner, where petitioner is also residing. Though petitioner was
not available at the time of seizure, he is liable for the possession
of the articles which were seized from the house belonging to him
and which was in possession of petitioner.
5. After hearing both sides, I find that there is only bare
assertions on the side of petitioner that the place from where the
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articles were seized does not belong to him. Such assertions may
not be sufficient to conclude his innocence. Unless petitioner
cannot be found guilty, even regular bail cannot be granted in
view of section 41A of the Abkari Act. In the above circumstances,
anticipatory bail cannot be granted.
This petition is dismissed.
K.HEMA, JUDGE.
mn.