IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH NOVEMBER 2006 / 9TH AGRAHAYANA 1928 Bail Appl..No. 6930 of 2006() ----------------------------- CMP.5148/2006 of J.M.F.C.,THIRUVALLA CR 26/2006 of Mallappally Excise Range .................... PETITIONER/ACCUSED: ------------------------------------ MANIKUTTAN, S/O. PONNAN, MUNDAPLAKKAL VEEDU, KUNNAMTHANAM VILLAGE, MALLAPPALLY. BY ADV. SRI.LALJI P.THOMAS SRI.A.AHZAR RESPONDENT: COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI. P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application NO.6930 of 2006 -------------------------------- Dated this the 30th day of November,2006. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.26 of 2006 of Mallappally Excise Range for offences punishable under Sec.8(1) and (2) of the Abkari Act, for having been found in possession of 10 liters of illicit arrack on 23.9.2006, seek his enlargement on bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application. 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. ess 30/11