IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4078 of 2009 C.R.NO.135 OF 2007 OF KOTTARAKKARA EXCISE RANGE CMP.6012/2009 of J.M.F.C.-I,KOTTARAKKARA PETITIONER: ACCUSED --------------------------- ANILKUMR, S/O.KANAKARAJAN, VINAYAKA BHAVAN, PARUMKULAM MURI, KALAYAPURAM VILLAGE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.D.JAYACHANDRAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4078 OF 2009 ------------------------------------------------------ Dated this the 24th July, 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 accused in C.R.No.135 of 2007 of Kottarakkara Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 15.8.2007, the petitioner was found to have stored 870 litres of wash for manufacturing arrack. The petitioner could not be arrested. The petitioner was in judicial custody in connection with another crime. His formal arrest was recorded in the present case on 10.7.2009. In the present case, he is in custody only from 10.7.2009. The petitioner cannot tack on the period during which he was in judicial custody in Crime No.44 of 2007 for the purpose of this Bail Application. B.A. NO. 4078 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, I am of the view that the petitioner cannot be released on bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/