IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 733 of 2010() -------------------------------------- CR. NO.83/2009 OF EZHUKONE EXCISE RANGE. .................... PETITIONER/ACCUSED ---------------------------------- SURESH, S/O.SUNDARAN, CHARUVILA VEEDU, KAITHAKODU MURI, PAVITHRESWARAM VILLAGE, KOTTARAKARA. BY ADV. MR.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKARA. R1 & R2 BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2010, ALONG WITH BA NO.735 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. Nos. 733 & 735 of 2010 ------------------------------------ Dated this the 11th day of February, 2010 O R D E R These Bail Applications under Section 439 of the Code of Criminal Procedure are filed by Suresh, who is the accused in Crime Nos. 83/2009 of Ezhukone Excise Range and 502/2009 of Ezhukone Police Station. 2. Bail Application No.733/2010 relates to Crime No. 83/2009. The offence alleged therein is under Section 8(1) (2) of the Abkari Act. The allegation is that on 20.08.2009, the petitioner was found in possession of 20 litres of arrack. The petitioner was arrested on 07.01.2010 in connection with Crime No. 502/2009 of Ezhukone Police Station. His formal arrest was recorded in Crime No. 83/2009 on 13.01.2010. 3. Bail Application No.735/2010 relates to Crime No. 502/2009 of Ezhukone Police Station. The offence alleged therein is under Section 8(1)(2) of the Abkari Act. The prosecution case is that on 21.08.2009, the petitioner was found in possession of 7 litres of arrack. The petitioner was arrested on 07.01.2010 and he is in judicial custody since then. B.A. Nos. 733 & 735 of 2010 2 4. The learned Public Prosecutor submitted that the petitioner is involved in eight other cases of similar nature. Since the petitioner is involved in several cases of the similar nature, I am of the view that if the petitioner is released on bail at this stage, he is likely to indulge in similar offences. The investigation is not over. The offence alleged against the petitioner is serious in nature. 5. Taking into account the facts and circumstances of the case, I am of the view that the Bail Applications are liable to be dismissed at this stage. Accordingly, the Bail Applications are dismissed. K.T. SANKARAN, JUDGE ln