IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7177 of 2009() ----------------------------- CRIME NO.43/2009 OF THIRUPURAM EXCISE RANGE .................... PETITIONER/ACCUSED : ------------------------------------ MURALI @ MURALEEDHARAN, AGED 45 YEARS, S/O.NARAYANAN, THOPPUVILAKATHU VEEDU, THANNIMOODU, ATHIYANNOOR VILLAGE, ATHIYANNOOR DESOM, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7177 of 2009 --------------------------------------------- Dated this the 8th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.43 of 2009 of Thirupuram Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) &(2) of the Abkari Act. 3. The prosecution case is that on 1.11.2009, the petitioner was found in possession of 2 litres of arrack. He was arrested on the same date and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in 13 other cases of similar nature. It was also brought to my notice that while granting bail on 26th August, 2009 in Bail application No.4771 of 2009 the undertaking made by the petitioner that he will not indulge in any prejudicial activity including involvement in similar offence was recorded. The allegation is that the offence in the present case was BA No.7177/2009 2 committed by the petitioner after the order was passed in Bail Application No.4771 of 2009 and that the offence was committed violating the undertaking made by the petitioner. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl