IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6503 of 2009 C.R.NO.141 OF 2009 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/2ND ACCUSED ------------------------------------------ SANTHOSH, S/O.DIVAKARAN, KUTTIYIL HOUSE, KALLEIBHAGAM MURI, KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY EXCISE RANGE OFFICER, KARUNAGAPPALLY EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6503 OF 2009 ------------------------------------------------------ Dated this the 9th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in C.R. No.141 of 2009 of Karunagappally Excise Range. 2. The offence alleged against the accused persons is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 9.8.2009, the first accused was found in possession of 35 litres of spirit. He was arrested on 9.8.2009 and he stated to the investigating officer that the spirit was supplied by the second accused. The formal arrest of the petitioner (second accused) was recorded on 19.10.2009. The second accused is undergoing judicial custody in connection with another case. 4. It is submitted by the learned Public Prosecutor that the B.A. NO. 6503 OF 2009 :: 2 :: petitioner is involved in six other cases, in which offences under the Abkari Act are alleged. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the fact that the petitioner is involved in six other cases also, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/