IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3201 of 2009()
1. P.K.SOMAN, S/O.KOCHURAMAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.G.HARIHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3201 OF 2009
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Dated this the 15th June, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is accused No.2 in C.P.No.4 of 2009,
on the file of the Court of the Judicial Magistrate of the First Class – II,
Peermade in Crime No.58 of 2008 of Peruvanthaanam Police Station.
2. The offence alleged against the petitioner is under Sections 55
(a) and (g) and Sections 8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 14.3.2008, the accused
persons, three in number, were found possessing 20 litres of illicit arrack,
700 litres of wash and the materials, utensils and apparatus for the
purpose of manufacturing arrack. Accused Nos.1 and 2 ran away from
the scene. Accused No.3 was arrested. Learned Public Prosecutor
submits that accused Nos.1 and 2 were not arrested as they were
absconding. Subsequently, charge was laid. Summons was issued to the
accused, which was not served. The petitioner states that he did not
know about the case and the issue of summons. It would appear that
warrant was issued later. On 3.6.2009, the petitioner surrendered before
B.A. NO. 3201 OF 2009
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Court and applied for bail. The Bail Application was dismissed.
In the facts and circumstances of the case, I do not think that the
petitioner is entitled to get bail at present. The Bail Application is
accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/