IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH NOVEMBER 2006 / 8TH AGRAHAYANA 1928 Bail Appl..No. 7021 of 2006() ----------------------------- CMP.8620/2006 of J.M.F.C.-II,KOTTARAKKARA CR.NO.100/06 OF CHADAYAMANGALAM EXCISE RANGE. .................... : PETITIONER/ACCUSED ------------------------------------- BABU @ SANI BABU, S/O. RAGHAVAN, AALUM MOOTTIL VEEDU, KODAVATTOOR, ODANAVATTOM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENTS: RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- BAIL APPLICATION No. 7021 OF 2006 -------------------------------- DATED THIS THE 29th DAY OF NOVEMBER, 2006 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Cr.No.100/06 of Chadayamangalam Excise Range for offences punishable under Sections 8(1) and 8(2) of the Abkari Act, for having been found in possession of 8 liters of arrack on 6.11.2006, seeks his enlargement on bail. The petitioner was arrested on 7.11.2006. 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/-