Kerala High Court
Madhu vs State Of Kerala on 17 July, 2008
Author: K.Hema
Bench: K.Hema
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4532 of 2008()
1. MADHU, S/O.SREEDHARAN, MANU BHAVANAM,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.T.GOPALAKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/07/2008
O R D E R
K.HEMA, J.
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Bail Application No.4532 of 2008
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Dated this the 17th day of July, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 55(i) of Abkari Act. According to the prosecution, the petitioner was engaged in sale of Indian made foreign liquor and on seeing the Excise officials, he left the article and escaped. The article was found to be 800 ml. of Indian made foreign liquor. The incident occurred on 15.1.2008 and he could not be arrested.
3. Learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations made. Somebody has thrown away the article to his property and when the Excise officials enquired about said the person who ran away, he could not give the details. Hence, he was falsely implicated. Learned counsel for the petitioner argued that even possession of excessive quantity will not amount to Section 55(a) of Abkari Act, as held in Sabu vs. State of Kerala (2003(2) KLT 173) and hence, petitioner may be granted anticipatory bail. Ba No.4532/08 2
4. This petition is opposed. Learned public prosecutor submitted that the offence involved is not under Section 55(a), but it is under Section 55(i) of Abkari Act and hence, Sabu vs. State of Kerala is not applicable to the facts of this case. I am satisfied of the submissions made. The petitioner also could not substantiate his innocence. In the above circumstances, even bail cannot be granted in view of Section 41A of the Abkari Act.
The petition is dismissed.
K.HEMA, JUDGE csl