IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH DECEMBER 2006 / 17TH AGRAHAYANA 1928 Bail Appl..No. 7288 of 2006() ----------------------------- BP.1062/2006 of J.M.F.C.-I,SULTHANBATHERY OR.NO.99/06 OF SULTHAN BATHERY EXCISE RANGE. .................... PETITIONER/ACCUSED: -------------------------- BALAKRISHNAN, S/O.KOPAN, PADIKALTHODI VEEDU, KAVUMKARAKUNNU, PAZHUPATHOOR, SULTHAN BATHERY. BY ADV. SRI.JIJO PAUL RESPONDENT: STATE: -------------------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, SULTHAN BATHERY EXCISE RANG- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SHRI P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- BAIL APPLICATION No. 7288 OF 2006 -------------------------------- DATED THIS THE 8TH 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 O.R.No.99/06 of Sulthan Bathery Excise Range for offences punishable under Sections 8(1) and 8(2) of the Abkari Act, for having been found in possession of 2 liters of arrack on 21.11.2006, seeks his enlargement on bail. The petitioner surrendered on 28.11.2006. 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/-