IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1160 of 2010() ---------------------------------- CMP.756/2010 of J.M.F.C.-I,NEYYATINKARA CRIME NO. 36/2009 OF EXCISE RANGE, THIRUPURAM .................... PETITIONER/2ND ACCUSED : --------------------------------- SHIBU @ POTTAN SHIBU, S/O. APPU, MEKKEPATTAKUDIVEEDU, KAMUKINKODU, ATHIYANNOR DESOM, ANTHIYANNOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010 ALONG B.A.NOS. 1171/2010 & 1172/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 1160, 1171 & 1172 of 2010 ----------------------------------------------- Dated this the 8th day of March, 2010 O R D E R These Bail applications are filed by Shibu @ Pottan under Section 439 of the Code of Criminal Procedure. 2. Bail application No. 1160/2010 relates to Crime No. 36/2009 of Excise Range, Thirupuram. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. The prosecution case is that on 10.09.2009, the first accused was found in possession of four litres of arrack. The first accused stated that the arrack was entrusted to him by the petitioner, accused No.2. The petitioner was arrested on 22.01.2010 in connection with Crime No. 37/2009 of Excise Range, Thirupuram. His formal arrest was recorded in Crime No. 36/2009 of Excise Range, Thirupuram on 30.01.2010. 3. Bail Application No. 1171/2010 relates to Crime No. 37/2009 of Excise Range, Thirupuram, in which the petitioner is accused No.1. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. The prosecution case is that on B.A. Nos. 1160, 1171 & 1172 /2010 2 11.09.2009, the excise party found accused Nos. 1 and 2 concealing spirit underneath a culvert. It was found that a total quantity of 800 litres of spirit was thus concealed by the accused. On seeing the excise party, the accused persons ran away. The petitioner was arrested on 22.01.2010. 4. Bail Application No.1172/2010 relates to Crime No. 189/2007 of Kanjiramkulam Police station wherein the offences alleged against the petitioner and another is under Section 8(1)(2) of the Abkari act. It is alleged that on 6.10.2007, the accused persons transported a quantity of 245 litres of spirit in an autorickshaw, driven by accused No.1. The autorickshaw hit on a motor bike. The police was informed. The autorickshaw was being driven without stopping after the accident. The police chased the autorickshaw. On seeing the police party, the accused persons abandoned the autorickshaw and they ran away. On search of the vehicle, a quantity of 245 litres of spirit was found in the autorickshaw. The petitioner was arrested in connection with Crime No. 37/2009 of Thirupuram Excise Range on 22.01.2010 and his formal arrest was recorded in Crime No. 189/2007 of Kanjiramkulam Police Station on 03.02.2010. B.A. Nos. 1160, 1171 & 1172 /2010 3 5. The learned Public Prosecutors vehementally opposed the Bail Application. They submitted that the petitioner is involved in nine cases of similar nature. 6. The facts and circumstances mentioned above indicate that the petitioner is regularly involved in abkari offences. If the petitioner is released on bail, it is most likely that he would involve himself in similar abkari offences. The offences alleged against the petitioner are grave in nature. I am of the view that the petitioner cannot be released on bail at this stage. The Bail applications are accordingly dismissed. K.T. SANKARAN, JUDGE ln