IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 334 of 2010() ---------------------------- CR NO.8/2010 OF SASTHACOTTA EXCISE RANGE .................... PETITIONER : ACCUSED ------------------------------ NANAPPAN, S/O.KANNAN MANATHALATHARA PUTHEN VEEDU, IYTHOTTUVA MURI WEST KALLADA VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU SMT.SURYA SASI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. EXCISE INSPECTOR, SASTHAMCOTTA EXCISE RANGE,SASTHAMCOTTA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.334 of 2010 --------------------------------------------- Dated this the 25th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.8 of 2010 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 12.1.2010, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 4.5 litres of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 12.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was convicted for an abkari offence in Sessions Case No.429 of 2006 by the Additional Sessions Court (Adhoc III), Kollam as per the judgment dated 30.6.2009. 5. In spite of the fact that the petitioner was convicted for an abkari offence, the allegation is that the petitioner is involved in similar offence after a few months. In the facts and BA No.334/2010 2 circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. For the aforesaid reasons, the Bail Application is dismissed with liberty to the petitioner to move an application for bail after two weeks. K.T.SANKARAN, JUDGE csl