IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 231 of 2010() ---------------------------- CMP.128/2010 of J.M.F.C.-II,NEYYATTINKARA CR NO.40/2009 OF AMARAVILA EXCISE RANGE .................... PETITIONER/3RD ACCUSED: ------------------------------------------- SAMBASIVAN @ SAMBAN, S/O.ANANDAN, POTTANCHIRA, A.G.HOUSE, KOTTAKKAKAM MURI, ARYANADU VILLAGE, NEDUMANGADU TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, ALONG WITH B.A.NO.232/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------------- B.A.Nos.231 & 232 of 2010 ------------------------------------------------ Dated this the 21st day of January, 2010 ORDER These Bail Applications under Section 439 of the Code of Criminal Procedure are filed by Sambasivan @ Samban, who is accused No.3 in CR No.40 of 2009 of Amaravila Excise Range and CR No.26 of 2009 of Nedumangad Excise Range. 2. The offence alleged against the petitioner in both the cases is under Section 55(a) of the Abkari Act. 3. The prosecution case in CR No.40 of 2009 is that on 20.6.2009, a quantity of 594 litres of spirit was transported by the accused persons. The petitioner was arrested on 19.12.2009 in connection with CR No.54 of 2009 of Vamanapuram Excise Range. His formal arrest was recorded in the present case on 31.12.2009. 4. The prosecution case in CR No.26 of 2009 is that on 24.4.2009, the accused persons transported a quantity of 861 litres of spirit. The petitioner was arrested on 19.12.2009 as stated earlier. His formal arrest was recorded in Crime No.26 of 2009 later. BA No.231 & 232/2010 2 5. The learned Public Prosecutor vehemently opposed the application for bail. It is submitted by the learned Public Prosecutor that the petitioner is involved in three other abkari offences. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am not inclined to grant bail to the petitioner at this stage. If bail is granted to the petitioner, it is most likely that he may indulge in similar criminal activities. The Bail Applications are accordingly dismissed. K.T.SANKARAN, JUDGE csl BA No.231 & 232/2010 3