IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4260 of 2009() ----------------------------- CRIME NO.215/2005 OF PARIPPALLY POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ BABU @ SREEKANTESWARAM BABU, S/O SUKUMARAN, KATTUTHARISINKAL, ATHIYANNUR VILLAGE, THIRUVANANTHAPURAM DIST. BY ADV. SRI.G.P.SHINOD RESPONDENT(S): COMPLAINANT-STATE -------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COUT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4260 of 2009 --------------------------------------------- Dated this the 3rd day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.215 of 2005 of Parippally Police Station. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that accused Nos.1 and 2 were found possessing and transporting 630 litres of spirit in a Tata Sumo car on 9.7.2005. When the police party intercepted the vehicle, accused Nos.1 and 2 ran away. The petitioner could be arrested only on 18.6.2009 in connection with C.R.No.42 of 2009 of Excise Range, Thiruvananthapuram. His formal arrest was recorded in the present case on 22.6.2009. 4. The quantity of spirit involved is 630 litres. Though the offence was allegedly committed on 9.7.2005, the petitioner could not be arrested till 22.6.2009. There is an allegation that he was involved in another abkari offence and he was arrested in that case. If the petitioner is released on bail at this stage, there BA No.4260/2009 2 is every likelihood of his absconding. It is also likely that he may indulge in similar prejudicial activities. For the aforesaid reasons, I am not inclined to grant bail to the petitioner at this stage. The Bail application is accordingly dismissed. K.T.SANKARAN, JUDGE csl