IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7214 of 2009() ----------------------------- CRIME NO.45/2009 OF THIRUPURAM EXCISE RANGE .................... PETITIONER/ACCUSED : ---------------------------------- PRABHAVATHY, AGED 66, D/O.KAMALAMMA, KATTUTHARISSU PUTHEN VEEDU, ATHIYANNOOR DESOM, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7214 of 2009 --------------------------------------------- Dated this the 11th 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.45 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 17.11.2009, the petitioner was found in possession of 8 litres of arrack. The petitioner surrendered before court on 23.11.2009 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in 11 other cases. It was also brought to my notice that while granting bail to the petitioner in Bail Application No.4765 of 2009, there was an undertaking by the petitioner that she will not indulge in similar activities while on bail in that case. The order in Bail Application No.4765 of 2009 was passed on 26.8.2009. The offence in the present case is alleged to have been committed on 17.11.2009. That shows that BA No.7214/2009 2 she has not complied with the undertaking given by her while getting an order for bail in her favour. Therefore, I am of the view that the petitioner cannot be released on bail at present. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl