Santhoshkumar @ Santhosh vs State Of Kerala Represented By on 1 December, 2009

Kerala High Court
Santhoshkumar @ Santhosh vs State Of Kerala Represented By on 1 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7010 of 2009()


1. SANTHOSHKUMAR @ SANTHOSH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. THE DEPUTY SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.P.B.SAHASRANAMAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :01/12/2009

 O R D E R
                         K.T.SANKARAN, J.
                   ---------------------------------------------
                   B.A.Nos.7010 & 7011 of 2009
                   ---------------------------------------------
             Dated this the 1st day of December, 2009


                                ORDER

Both these Bail Applications are filed by Santhoshkumar @

Santhosh under Section 439 of the Code of Criminal Procedure.

2. Bail Application No.7010 of 2009 relates to Crime

No.292 of 2006 of Karunagappally Police Station in which the

petitioner is the third accused. The offence alleged against the

petitioner is under Section 8(1) & (2) of the Abkari Act. The

prosecution case therein is that on 5.3.2006, a quantity of 12,005

litres of spirit was seized and that the petitioner was involved in

the offence. The petitioner was arrested in connection with

Crime No.85 of 2006 of Kayamkulam Excise Range and his

formal arrest in Crime No.292 of 2006 was recorded on

19.10.2009.

3. Bail Application No.7011 of 2009 relates to Crime

No.134 of 2006 of Sooranadu Police Station. In that case, the

petitioner is the 12th accused. The offence alleged against the

petitioner is under Section 55(a) of the Abkari Act. The

prosecution case is that on 12.5.2006, the accused persons were

found in possession of 12,740 litres of spirit. The petitioner was

BA Nos.7010 & 7011/2009 2

arrested in connection with Crime No.85 of 2006 of Kayamkulam

Excise Range and his formal arrest was recorded in Crime

No.134 of 2006 on 21.10.2009.

5. The learned Public Prosecutor submitted that the

petitioner is involved in seven other cases of similar nature.

6. The offence alleged against the petitioner is grave in

nature. The facts and circumstances of the case as revealed in

these two cases would indicate that the petitioner was dealing

with larger quantity of spirit during the period from March 2006

to May 2006. It is submitted by the learned Public Prosecutor

that the petitioner was not available for arrest. At the same

time, he was engaged in his pursuit of transporting larger

quantity of spirit even thereafter.

7. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the allegations

levelled against the petitioner, I do not think that the petitioner

can be released on bail at this stage.

Accordingly, the Bail Applications are dismissed.

K.T.SANKARAN,
JUDGE
csl

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