IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 Bail Appl..No. 7707 of 2008() ----------------------------- CMP.10228/2008 of J.M.F.C.-II,KOTTARAKKARA CR.NO.61/08 OF CHADAYAMANGALAM EXCISE RANGE .................... PETITIONER/ACCUSED: --------------------------- SIVADASAN, S/O. EACHARAN AJAYAVILASOM VEEDU, NJARAKKADU DESOM, PARAMCODE, ELAMADU VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO. 7707 OF 2008 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 23RD DAY OF DECEMBER, 2008 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Cr.No.61/08 of Chadayamangalam Excise Range for the offence punishable under Sections 8(1) and 8(2) of the Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 18.11.2008. 2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 3. The offence alleged against the petitioner is under Sections 8(1) and 8(2) of the Abkari Act. He was found in possession of 5 litres of arrack and was arrested on 18.11.2008. Thus the petitioner is in custody for the last 36 days, it is submitted by the learned counsel for the petitioner. 4. The learned Public Prosecutor upon instructions submitted that two other similar crimes are pending against the petitioner as C.R.Nos.29/07 and 47/07 of Chadayamangalam Police Station. In the circumstances, I find that if the petitioner is released on bail at this stage, he will repeat similar offence again. Hence, time is not ripe enough to enlarge the petitioner on bail. Hence the bail application is dismissed. M.C.HARI RANI, JUDGE. dsn/-