IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 528 of 2010() ---------------------------- CRIME NO.514/2009 OF ARYANAD POLICE STATION PETITIONER/ACCUSED : ---------------------------------- SANAL KUMAR @ OOMA SANAL, AGED 39 YEARS, S/O. MADHAVA PANICKER, GEETHA BHAVAN, POTTANCHIRA, KOTTAKKARAM MURY, ARYANAD VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.528 of 2010 --------------------------------------------- Dated this the 4th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.514 of 2009 of Aryanad Police Station. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 8.8.2009, the petitioner and the other accused were found in possession of 55 litres of spirit and they were engaged in the manufacture of arrack. On seeing the Excise Party, the petitioner and the other accused jumped into the river and escaped. The petitioner was arrested on 20.12.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in five other abkari offences, two crimes where the offences under the Arms Act and three other crimes where the offences under the Indian Penal Code are involved. It is also submitted that the petitioner is also involved in an offence under the Protection of River Banks and Regulation of Removal BA No.528/2010 2 of Sand Act. 5. The petitioner moved Bail Application No.171 of 2010 which was dismissed as per the order dated 19.1.2010. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the fact that the petitioner is involved in several other offences, I am of the view that the petitioner is not entitled to get bail at this stage. If he is released on bail, the petitioner is likely to indulge in similar criminal activities. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl