IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 168 of 2010 CRIME NO.6 OF 2010 OF SASTHAMKOTTA EXCISE RANGE, KOLLAM PETITIONER/ACCUSED -------------------------------------- RADHAKRISHNAN @ VAVACHAN, S/O. RAGHAVAN, NISHA BHAVANAM, MUZHANGODI MURI, THODIYOOR VILLAGE, KARUNAGAPPALLI TALUK. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, SASTHAMKOTTA RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 168 OF 2010 ------------------------------------------------------ Dated this the 20th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.6 of 2010 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 5.1.2010, the petitioner was engaged in the sale of Indian Made Foreign Liquor. A quantity of two litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 5.1.2010 and he is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other abkari cases in the year 2009 and four abkari cases in 2008. It is also pointed out that while disposing of B.A. NO.168 OF 2010 :: 2 :: B.A.No.6818 of 2009, filed by the petitioner, on 30.11.2009, the undertaking made by the petitioner that he will not commit any offence of similar nature while on bail in that case was recorded. The present crime was committed after the date of disposal of B.A.No.6818 of 2009. 5. In view of the fact that the petitioner has violated the undertaking made in B.A.No.6818 of 2009 and in view of the fact that the petitioner is involved in six other cases of similar nature, I am of the view that if the petitioner is released on bail at this stage, he would indulge in similar illegal activities. The offence alleged against the petitioner is serious in nature. In the facts and circumstances of the case, I do not think that the discretion could be exercised in favour of the petitioner. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/