IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH DECEMBER 2006 / 16TH AGRAHAYANA 1928 Bail Appl..No. 7177 of 2006() ----------------------------- CMP.12110/2006 of J.M.F.C.-I,KOTTARAKKARA CRIME NO. 146/06 OF KOTTARAKKARA EXCISE RANGE. .................... PETITIONER/ACCUSED ------------------------ SANTHOSH @ KINGINI SANTHOSH, S/O. SASIDHARAN, SANTHOSH BHAVAN, KADAKKODEMURI, KAREEPRA VILLAGE, KOTTARAKKARA. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: STATE --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KOTTARAKKARA. BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2006,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- BAIL APPLICATION No.7177 OF 2006 -------------------------------- DATED THIS THE 7TH DAY OF DECEMBER, 2006 O R D E R In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the accused in Crime No.146/06 of Kottarakkara Excise Range for offences punishable under Sections 55(a), 8(1) and 8(2) of the Abkari Act, for having been found in possession of 35 liters of spirit on 4.8.2006, seeks his enlargement on bail. The petitioner was arrested on 23.11.2006. 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. dsn/-