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. 7050 of 2006() ----------------------------- CMP.2388/2006 of J.M.F.C.-II, SULTHANBATHERY Crime No.95/2006 of Sulthan Bathery Exchange Range .................... PETITIONER/ACCUSED: ------------------------------------ E.S.VENU, S/O.SRIDHARAN, AGED 36, ERATHEL (H), BHOOTHANAM KAVALA, PULPALLY. BY ADV. SRI.S.M.PRASANTH RESPONDENT: COMPLAINANT: ------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE 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.7050 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.95 of 2006 of Sulthan Bathery Excise Range for offences punishable under Sec.8(1) & (2) of the Abkari Act, for having been found in possession of 5 liters (50 packets) of Karnataka arrack on 7.11.2006, seeks 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