IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3437 of 2009(B) --------------------------------------- C.R. NO.59/2008 OF KOYILANDY EXCISE RANGE, KOZHIKODE. PETITIONER/ACCUSED: -------------------------------------- SOBY VARGHESE, AGED 28 YEARS, S/O.JOHN MATHEW, ETATHARA PUTHEN VEEDU, VAZHAMUTTAM, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOYILANDY, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. T.K. VIPINDAS, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009 ALONG WITH BA NO.3439/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.3437 & 3439 of 2009 ------------------------------------------ Dated this the 26th day of June, 2009 O R D E R These are Bail Applications filed by the same person under Section 439 of the Code of Criminal Procedure in respect of two abkari crimes, one registered by Koyilandy Excise Range and other registered by Hosdurg Excise Range. 2. In C.R.No.59/2008 of Koyilandy Excise Range, the first accused is one Sunil and the second accused is the petitioner. The allegation in that case is that on 21/10/2008, the petitioner and the other accused were found transporting 1050 litres of spirit in a Qualis van. The first accused was arrested on the spot. The second accused (petitioner) ran away. The petitioner was arrested only on 13/05/2009. 3. In C.R.No.63/2008 of Hosdurg Excise Range, the first accused is one Denny and the second accused is the petitioner. The prosecution case is that on 16/11/2008, the accused were found transporting 960 litres of spirit in a Scorpio car. The first accused was arrested on the spot. The second accused B.A. Nos.3437 &3439 /2009 Page numbers (petitioner) ran away. He could be arrested only on 13/05/2009 in respect of C.R.No.59/2008 of Koyilandi Excise Range. His formal arrest was recorded in CR No.63 of 2008 on 22/05/2009. The petitioner is in judicial custody in these cases. 4. From the facts narrated above, it is clear that the allegation of the prosecution is that the petitioner is involved in two cases which occurred on 21/10/2008 and 16/11/2008. Large quantity of spirit is involved in both the cases. It is submitted by the learned Public Prosecutor that the modus operandi in these two cases was the same. The petitioner is the common factor in these two cases. The fact that the petitioner could not be arrested in C.R. No.59/2008 of Koyilandy Excise Range and thereafter he is alleged to have committed similar offence within another month would make it clear that the petitioner is not entitled to bail, since the conditions mentioned in Section 41 of the Act are not satisfied. I am of the view that if the petitioner is released on bail, there is every likelihood of the petitioner indulging in similar prejudicial activities and that there is every likelihood of other similar offence being committed. The B.A. Nos.3437 &3439 /2009 Page numbers allegations are grave. The quantity of spirit involved is also very large. Therefore, it is not proper to release the accused on bail at this stage. These Bail Applications fail and is accordingly dismissed. K.T. SANKARAN, JUDGE scm