IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH FEBRUARY 2007 / 26TH MAGHA 1928 Bail Appl..No. 618 of 2007() ---------------------------- AGAINST THE ORDER DATED 24/01/2007 IN ORDER IN CRMP.86/2007 of DISTRICT COURT, KALPETTA CRIME NO.3/07 OF KALPETTA EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- SUDHAKARAN, AGED 43, S/O.THANKAPPAN, KUNNATHUMATTATHIL HOUSE, VAZHAVATTA P.O., MUTTIL SOUTH, VYTHIRI TALUK, WAYANADU DISTRICT. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KALPETTA RANGE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO. 618 OF 2007 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 15th DAY OF FEBRUARY, 2007 O R D E R Petitioner who is the accused in Cr.No.3/07 of Kalpetta Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 3.5 litres of arrack on 16.1.2007 and who was arrested on the same day, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application submitting, inter alia, that the petitioner is an accused in another crime 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