IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4196 of 2010()
1. PRAVEEN @ CHAKKARA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED VIA
... Respondent
2. EXCISE INSPECTOR, EXCISE RANGE OFFICE,
For Petitioner :SRI.R.GOPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :14/07/2010
O R D E R
K.HEMA, J.
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B.A. No. 4196 of 2010
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Dated this the 14th day of July, 2010
O R D E R
Petition for bail.
2. The alleged offence is under Section 55(a) of the Abkari
Act. According to prosecution, on getting secret information, a car
was intercepted by the excise officials and two persons were found
inside the car. On stopping the vehicle, they abandoned the car
and escaped. On search of the car, 468 litres of spirit was seized
from the car. On investigation, it is revealed that petitioner was
using the car, of which petitioner’s wife is the R.C. owner.
3. Petitioner was taken into custody in connection with
another case and his formal arrest was recorded in this case on
24.05.2010. Learned counsel for petitioner submitted that
petitioner is in custody for the past 51 days. He is implicated only
as per the statement given by his wife, who is on enemial terms
with him, that he was using the vehicle. There is no other
evidence to connect the petitioner with the crime and he is not
involved in abkari offence. It is also submitted that petitioner is
accused only in one more case, which is for offences under
B.A. No. 4196 / 2010 2
Sections 452 and 427 of the Indian Penal Code and in that case,
petitioner is on bail. Petitioner is not involved in any abkari
offence so far.
4. This petition is opposed. Learned Public Prosecutor
submitted that as per the materials in the case diary, petitioner
was using the vehicle at the relevant time and the investigation
is going on.
5. On hearing both sides, I am not satisfied of the
innocence of the petitioner and hence bail cannot be granted in
view of Section 41 A of the Abkari Act.
Petition is dismissed.
K. HEMA, JUDGE
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