IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH MARCH 2007 / 14TH PHALGUNA 1928 Bail Appl..No. 1301 of 2007(A) ------------------------------ CMP.982/2007 of J.M.F.C.,MAVELIKKARA CRIME NO.84/2006 OF MAVELIKKARA EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- ABDUL SALAM, AGED 30 YEARS, S/O.AZEEZ, ASHNA MANZIL, THAMARAKULAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.R.REJI SMT.C.A.AJITHA SALAM RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, MAVELIKKARA RANGE. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------- Bail Application No. 1301/2007 ----------------------------- Dated this 5th day of March, 2007 O R D E R The petitioner, who is the accused in C.R.No.84/2006 of Mavelikkara Excise Range for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of 15 litres of illicit arrack on 31.3.2006 and who surrendered on 5.2.2007 before the Magistrate and was remanded to judicial custody, seek 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 abkari 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 mrcs 2