IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH NOVEMBER 2006 / 3RD AGRAHAYANA 1928 Bail Appl..No. 6927 of 2006() ----------------------------- CMP.6382/2006 of J.M.F.C.-I,KANJIRAPPALLY .................... PETITIONER/ACCUSED: --------------------------- JOSEPH, AGED 65 YEARS, S/O.KURIAKOSE, MALIAKEL HOUSE, KANNAKAYAM KARA, ERUMELY NORTH VILLAGE, KANJIRAPALLY TALUK. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 6927 of 2006 - - - - - - - - - - - - - - - - DATED: 24-11-2006 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No. 29/06 of Kanjirappally Excise Range for offences punishable under Secs.8(1) and 8(2) of the Abkari Act, for having been found in possession of 10 liters of illicit arrack on 7-11-2006, seeks his enlargement on bail. 2. I heard the learned counsel for the petitioners 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 petitioners on bail. This Application is accordingly dismissed. V.RAMKUMAR, JUDGE. ani.