IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4327 of 2006()
1. MOOTHORAN, S/O. RAMAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.R.SREEJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :19/07/2006
O R D E R
J.M.JAMES, J.
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B.A.4327/2006
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DATED THIS THE 19TH DAY OF JULY, 2006
O R D E R
The petitioner is also accused, in number of
other cases, violating the provisions of the Abkari Act.
Once such case is in C.R.No.55/2003 of Balussery Excise
Range, which is pending as S.C.No.838/2005 of Assistant
Sessions Court, Koyilandy. The petitioner is in judicial
custody. The present case is registered, under Section
C.R.No.9/2006 of Balussery Excise Range, for the offence
punishable under Section 8(1) & 8(2) of the Abkari Act, for
having illegally possessed three liters of illicit arrack. In
such situation, the petitioner , the second accused, in this
case, is not entitled for bail, because of the operation of
Section 41A of the Abkari Act. Therefore, the prayer is
rejected.
J.M.JAMES
JUDGE
mrcs