IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4509 of 2009() ------------------------------------- CRIME NO. 122/2009 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT ................... PETITIONER/2ND ACCUSED : ------------------------------------------ RAJANI, D/O. DEVAKI, KOLEDUTHU PADEETTATHIL HOUSE, KOTTAKKUPURAM MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY. BY ADV. SRI. K.SIJU RESPONDENT/STATE: ------------------------------- STATE OF KERALA REPRESENTED BY EXCISE CIRCLE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4509 of 2009 ------------------------------------ Dated this the 14th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.122/2009 OF Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 8 (1) and (2) and Section 55 (g) of the Abkari Act. 3. The prosecution case is that on 23.07.2009, the first accused was found transporting 20 litres of arrack on a Scooter. On seeing the Excise Party, he ran away. Later a search was conducted in a house in which the first accused was said to be residing. When the Excise Party visited the house, they found the second accused distilling arrack. A quantity of 100 litres of arrack and 530 litres of wash were seized from the house. Apart from that, a sum of Rs. 38,000/- was also found in the house, which according to the prosecution represented the sale proceeds of illicit arrack. The petitioner was arrested on 23.07.2009 and she is in judicial custody. 4. The learned counsel for the petitioner submitted that the B.A. No. 4509 of 2009 2 petitioner is not involved in any other case and she is entitled to be released on bail. 5. The quantity of arrack involved is large quantity. If the petitioner is released on bail at this stage, there is every likelihood of the petitioner indulging in similar illegal activities, particularly during the festival season of Onam. It is not proper to release the petitioner at this stage as it would affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln