IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH DECEMBER 2006 / 14TH AGRAHAYANA 1928 Bail Appl..No. 7164 of 2006() ----------------------------- CMP.6034/2006 of J.M.F.C.-I,KASARAGOD CRIME NO.294/06 OF KUMBLA POLICE STATION .................... PETITIONER/ACCUSED: --------------------------- KAMALAKSHA, S/O. NARAYANA, KATTA BAZAR, BANKARA MANJESHWAR, MANJESHWARAM VILLAGE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- BAIL APPLICATION No. 7164 OF 2006 -------------------------------- DATED THIS THE 5TH DAY OF DECEMBER, 2006 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the first accused in Crime No.294/06 of Kumbla Police Station for an offence punishable under Section 8(2) of the Abkari Act, for having been found in possession of 240 liters of Karnataka arrack in 2400 packets on 19.10.2006, seeks his enlargement on bail. The petitioner was arrested on the same day. 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/- B.A.NO. Page numbers