IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6914 of 2006()
1. MOHANAN, S/O.VELAYUDHAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE EXCISE INSPECTOR,
For Petitioner :SRI.T.K.SAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :27/11/2006
O R D E R
V. RAMKUMAR, J.
--------------------------------
BAIL APPLICATION No. 6914 OF 2006
--------------------------------
DATED THIS THE 27th DAY OF NOVEMBER, 2006
O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is
the accused in Cr.No.31/06 of Kalady Excise Range for an offence
punishable under Section 55(i) of the Abkari Act, for having been
found in possession of 1.750 liters of arrack on 14.11.2006, seeks
his enlargement on bail. The petitioner was arrested on the same day.
2. I heard the learned counsel for the petitioner and the
learned Public Prosecutor. The learned Public Prosecutor opposed
the application submitting, inter alia, that the petitioner is also an
accused in another case involving similar offence.
3. I am not satisfied that both the grounds enumerated
under Clause (b)(ii) of Sec. 41 A of the Abkari Act are present in this
case so as to justify the release of the petitioner on bail.
This application is accordingly dismissed.
V.RAMKUMAR, JUDGE.
dsn/-