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. 7160 of 2006() ----------------------------- CMP.3264/2006 of J.M.F.C., HARIPAD .................... PETITIONER/ACCUSED (IN CUSTODY) : ----------------- PARAMESWARAN, AGED 57 YEARS, S/O. KOCHUCHERUKKAN, IDAKANDATHIL VEEDU, NAGYARKULANGARA MURI PALLIPPADU VILLAGE, KARTHIKAPPALLY TALUK BY ADV. SRI.RAJESH MATHEW RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR 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. 7160 of 2006 - - - - - - - - - - - - - - - - DATED: 05-12-2006 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.148/06 of Karthikappally Excise Range for offences punishable under Secs.8(1) & 8(2) of the Abkari Act, for having been found in possession of 850 ml. of illicit arrack on 12-11- 2006, seeks his enlargement on bail. 2. I heard the learned counsel for the petitioners 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 petitioners on bail. This Application is accordingly dismissed. Sd/- V.RAMKUMAR, JUDGE. ani. /true copy/ P.A. to Judge