IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6417 of 2008()
1. KALANDAR, 43 YEARS, S/O.BEARY,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE STATION
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/10/2008
O R D E R
K. HEMA, J.
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B.A. No. 6417 of 2008
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Dated this the 20th day of October,2008
O R D E R
Petition for bail.
2. The alleged offence is under section 55(a) of the Abkari
Act. According to prosecution, a car was seen parked by the side
of National Highway and on seeing the police, petitioner who was
inside the car ran away and the 1st accused was arrested from the
car from the spot. 400 litres of arrack and 420 litres of spirit were
seized from the car. A crime was registered against both the
accused.
3. The incident occurred on 12-5-2001 and even after
expiry of seven years, petitioner was not available for arrest. He
was arrested only on 14-9-2008 only on repeated issuance of
warrants. Learned Public Prosecutor submitted that the case
against 1st accused ended in a conviction. He opposed this
petition. It is also submitted that there is every chance for the
petitioner to abscond, if he is granted bail.
4. Learned counsel for petitioner submitted that
petitioner was not arrested from the spot, and the only evidence
to connect petitioner with the crime is an alleged confession
statement made by 1st accused. Therefore, he may be granted
BA 6417/08 -2-
bail, it is submitted. This is the second application for bail before
this Court.
5. Learned Public Prosecutor submitted that there is not
only a mere confession statement by 1st accused against
petitioner but statement of other witnesses who had identified
petitioner from the spot are also available in the case diary to
connect petitioner with the crime.
6. On hearing both sides I am not satisfied that petitioner is
not guilty of offence or that he will not repeat the offence. Hence,
in view of section 41A of the Abkari Act, bail cannot be granted.
Apart from this, petitioner was absconding for more than seven
years and if bail is granted to him, it is likely that the trial will be
protracted.
Learned Magistrate is directed to take steps to
commit the case without delay to Sessions Court and
the Sessions Court shall see that the case is disposed
of without delay.
With this direction this petition is dismissed.
K.HEMA, JUDGE.
mn.