IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3657 of 2009() ----------------------------------------- CRMP.1775/2009 of I ADDL. DISTRICT COURT, KOLLAM CR NO.45/2009 OF PATHANAPURAM EXCISE RANGE .................... PETITIONER/2ND ACCUSED: ------------------------------------------ JOHN, S/O.JACOB, AGED 60 YEARS, KURYATHI PUTHEN VEEDU, OTTAKKAL MURI, THENMALA VILLAGE, PATHANAPURAM. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3657 of 2009 ------------------------------------ Dated this the 6th day of 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 2nd accused in CR No.45/2009 of Pathanapuram Excise Range, Kollam. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The first accused is the wife of the petitioner. The prosecution case is that on 23/04/2009, the accused persons were found in possession of 350 litres of Wash. The petitioner was arrested on 14/05/2009. He moved an application for bail before the court of First Additional Sessions Judge, Kollam, which was disposed of as per order dated 26/06/2009 directing release of the petitioner on bail on 15/07/2009. 4. When the Bail Application came up on 30/06/2009, it was submitted that the naming ceremony of the grand daughter of the petitioner was to take place on 1/07/2009. An order for interim bail was granted to him till 2/07/2009. It was revealed that detention of the petitioner was required in two other cases B.A. No.3657/ 2009 Page numbers and production warrants were issued against him. This fact was not disclosed to this Court as a result of which great difficulties were caused in implementing the order dated 30/06/2009. 5. The learned Sessions Judge has granted bail to the petitioner to be effective from 15/7/2009. In the facts and circumstances of the case and in the light of the allegations made against the petitioner, I do not think that the petitioner is entitled to be released on bail before 15/07/2009. Accordingly, the Bail Application is dismissed. However, the affidavit filed by the counsel appearing for the petitioner in the court below is accepted and further action against the petitioner is dropped in relation to non disclosure of correct facts. K.T. SANKARAN, JUDGE scm