IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1484 of 2010() ---------------------------------- CRIME NO. 49/2009 OF EXCISE RANGE, KATTAKKADA ........................ PETITIONER/ACCUSED : -------------------------- GOMATHY, D/O.KALLIYANI, AMBARATHALLAK PUTHEN VEEDU, ANTHIYOORKKONAM, MALAYINKIL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1484 of 2010 ------------------------------- Dated this the 15th day of March, 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. 49/2009 of Excise Range, Kattakkada. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 02.11.2009, the petitioner was found in possession of 1.5 litres of arrack. She was not arrested as no woman police constable was available. The petitioner surrendered before the court on 03.03.2010 and she was remanded to judicial custody. 2. The learned Public Prosecutor submitted that the petitioner is involved in six other cases of similar nature, of which one case each was registered in 2003, 2005 and 2009 while three cases were registered against the petitioner in 2008. 3. It is seen that the petitioner is regularly involved in abkari offences. If the petitioner is granted bail at present, it is likely that she may indulge in similar activities. The B.A. No. 1484 / 2010 2 investigation of the case is not over. I do not think that the petitioner can be released on bail at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln