IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4371 of 2009 ----------------------------- (CRIME NO.73/07 OF KANAKAKKUNNU POLICE STATION, ALAPPUZHA) .................... PETITIONER/ACCUSED 3: ---------------------------- ANILKUMAR @ ANIL, AGED 37 YEARS, S/O.GOPALAN, SANKARAVILASAM, WEST OF NELIMUKAL VILAKKATTU KAVE, MUNDAPPALLI MURI, WARD NO.13, PALLIKKAL PANCHAYAT, PERINGATTU VILLAGE, ADOOR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, ALONG WITH BA NO. 4376 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. Nos. 4371 and 4376 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2009 O R D E R Bail Application No.4371 of 2009 relates to Crime No.73 of 2007 of Kanakakkunnu Police Station while Bail Application No.4376 of 2009 relates to Crime No.238 of 2007 of Ambalappuzha Police Station. The petitioner in both the cases is the same person. He is accused No.3 in Crime No.73 of 2007 and accused No.4 in Crime No.238 of 2007. 2. The offence alleged against him is under Section 55(a) of the Kerala Abkari Act. 3. The prosecution case in Crime No.73 of 2007 is that on 23.04.2007 a quantity of 2520 litres of spirit was transported by the accused persons. The prosecution case in Crime No. 238 of 2007 is that on 10.06.2007 the accused persons transported a quantity of 7000 litres of spirit. The petitioner could not be arrested as he was absconding. He was arrested on 26.06.2009 in Crime No.73 of 2007 and his formal arrest was recorded in Crime No.238 of 2009 on 01.07.2009. 4. Large quantity of spirit is involved in both the cases. According to the prosecution, the petitioner has committed similar B.A. No.4371 & 4376 OF 2009 -:2:- offences within a span of two months. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail, there is every likelihood of the petitioner indulging in similar activities, particularly during the Onam season. 5. It is common knowledge that during the festival season, chances of illicit liquor tragedy are on the high. It is also common knowledge that spirit is being used for manufacture of illicit liquor. Transportation of spirit to the State and wide use of the same in the manufacture of illicit liquor has become a menace in the State. People are attracted to this field of offence on account of their urge to make easy money. In every liquor tragedy, poor persons are the victims and large number of families would be put to untold misery. If bail is granted to the accused persons involved in cases of transportation of large quantities of spirit, it would have serious adverse impact on the society. I am not inclined to accept the contention of the petitioner that as he is in jail for a few weeks, he is entitled to be released on bail. For the aforesaid reasons, the bail applications are dismissed. K.T.SANKARAN, JUDGE ttb B.A. No.4371 & 4376 OF 2009 -:3:-