IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 7015 of 2011() ----------------------------- CMP.4009/2011 of J.M.F.C., HARIPAD CRIME NO.97/2008 OF KARTHIKAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- SARASSAN, S/O.KOCHUVELU, LEKHA BHAVANAM, NALLANICKAL MURI, ARATTUPUZHA VILLAGE, KARTHIKAPPALLY. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH THE SUB INSPECTOR, KARTHIKAPPALLY EXCISE RANGE. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/09/2011, ALONG WITH B.A.No.7033/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.Nos.7015 & 7033 of 2011 --------------------------- Dated this the 1st day of September, 2011 O R D E R These Bail Applications are filed by Sarassan, the accused in C.R.Nos.97 of 2008 and 33 of 2008 respectively of Karthikappally Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The offence alleged against the petitioner in C.R.No.33 of 2008 is that on 19.3.2008, the petitioner was found in possession of 350 litres of wash. The petitioner could not be arrested during the crime stage. Charge was laid in the case and it is now pending as C.P.No.129 of 2010 on the file of the court of the Judicial Magistrate of the First Class-I, Harippad. In spite of issue of non bailable warrant, he could not be arrested. The petitioner surrendered before court on 11.8.2011 and he was remanded to judicial custody. The Bail Application submitted by the petitioner was dismissed by the learned Magistrate. BA 7171/2011 2 4. The allegation in C.R.No.97 of 2008 is that on 30.8.2008, the petitioner was found in possession of 140 litres of wash. He could not be arrested during the crime stage. Charge was laid and the case is now pending as C.P.No.88 of 2011 on the file of the court of the Judicial Magistrate of the First Class-I, Harippad. Formal arrest of the petitioner was recorded on 16.8.2011. The learned Magistrate dismissed the application for bail filed by the petitioner. 5. In March 2008 and August 2008, the petitioner was found in possession of large quantity of wash intended for manufacture for illicit arrack. Even after detection of one case in March 2008, it would appear , prima facie, that he was involved in a similar offence in August, 2008. The offence alleged against the petitioner is grave in nature. If the petitioner is released on bail at this stage, it most likely that he would make himself scarce. It is also most likely that during Onam season, he would indulge in similar offences. For the aforesaid reasons, the Bail Applications are dismissed. K.T.SANKARAN JUDGE csl