IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 7010 of 2009() ----------------------------- CRIME NO.292/2006 OF KARUNAGAPPALLY POLICE STATION, KOLLAM .................... PETITIONER/3RD ACCUSED ------------------------------------------ SANTHOSHKUMAR @ SANTHOSH, S/O.DIVAKARAN, SARADA BHAVANAM HOUSE, CHANGANKULANGARA MURI, OACHIRA VILLAGE (FROM KUTTIYIL HOUSE, KALLELIBHAGAM VILLAGE). BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, KOLLAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, ALONG WITH BA NO. 7011 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.7010 & 7011 of 2009 --------------------------------------------- Dated this the 1st day of December, 2009 ORDER Both these Bail Applications are filed by Santhoshkumar @ Santhosh under Section 439 of the Code of Criminal Procedure. 2. Bail Application No.7010 of 2009 relates to Crime No.292 of 2006 of Karunagappally Police Station in which the petitioner is the third accused. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. The prosecution case therein is that on 5.3.2006, a quantity of 12,005 litres of spirit was seized and that the petitioner was involved in the offence. The petitioner was arrested in connection with Crime No.85 of 2006 of Kayamkulam Excise Range and his formal arrest in Crime No.292 of 2006 was recorded on 19.10.2009. 3. Bail Application No.7011 of 2009 relates to Crime No.134 of 2006 of Sooranadu Police Station. In that case, the petitioner is the 12th accused. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. The prosecution case is that on 12.5.2006, the accused persons were found in possession of 12,740 litres of spirit. The petitioner was BA Nos.7010 & 7011/2009 2 arrested in connection with Crime No.85 of 2006 of Kayamkulam Excise Range and his formal arrest was recorded in Crime No.134 of 2006 on 21.10.2009. 5. The learned Public Prosecutor submitted that the petitioner is involved in seven other cases of similar nature. 6. The offence alleged against the petitioner is grave in nature. The facts and circumstances of the case as revealed in these two cases would indicate that the petitioner was dealing with larger quantity of spirit during the period from March 2006 to May 2006. It is submitted by the learned Public Prosecutor that the petitioner was not available for arrest. At the same time, he was engaged in his pursuit of transporting larger quantity of spirit even thereafter. 7. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that the petitioner can be released on bail at this stage. Accordingly, the Bail Applications are dismissed. K.T.SANKARAN, JUDGE csl