IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH MAY 2008 / 19TH VAISAKHA 1930 Bail Appl..No. 2747 of 2008() ----------------------------- (MAVELIKKARA EXCISE RANGE CRIME NO.253 OF 2006 WITHIN THE JURISDICTION OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-1, MAVELIKKARA) .................... PETITIONER/ACCUSED ----------------------------------- OMANAKUTTAN @ KUTTAPPAN, KARUVELIL KIZHAKKATHIL, ARUNNOTTIMANGALAM MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, MAVELIKKARA EXCISE RANGE. BY PUBLIC PROSECUTOR(PUZHAKKARA MUHAMMED) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------- Bail Appl.No. 2747 of 2008 ------------------------------------- Dated this the 9th day of May. 2008 ORDER This application is filed under Section 439 of Cr.P.C. The allegation is that petitioner was found in possession of 15 litres of arrack. On seeing the Excise party, petitioner/accused ran away. This incident happened on 6.12.2006. The accused surrendered on 24.3.2007. 2. Learned Public Prosecutor submitted that the petitioner is a habitual offender involving abkari offences and and this petition is opposed. In such circumstances, it is likely that he will indulge in similar activities. There is no guarantee that he will not commit similar offences. Hence, no ground is made out to grant bail. Application is dismissed. Sd/- K. HEMA, JUDGE. Krs.