IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH FEBRUARY 2007 / 9TH PHALGUNA 1928 Bail Appl..No. 1154 of 2007() ----------------------------- CMP.245/2007 of J.M.F.C., RAMANKARI .................... (CRIME NO.7/2007 OF KUTTANAD EXCISE RANGE) PETITIONERS: --------------------- 1. SHAJAHAN, S/O.MUHAMMED, (A1), VELLURPARAMBU VENALLUR MURI, KUMARAMANAGALAM VILLAGE, THODUPUZHA TALUK, IDUKKI DIST. 2. SAINUDEEN, S/O.MOITHEENKUTTY (A2), PALLURUTHI NAMBYAPURAM 20/499, PALLURUTHI VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST. BY ADV. SRI.A.MOHAMMED RESPONDENT: COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 1154 OF 2007 ```````````````````````````````````````````````````` Dated this the 28th day of February, 2007 O R D E R Petitioners, who are accused Nos.1 and 2 in C.R. No.7/2007 of Kuttanad Excise Range for offences punishable under Sections 55(a) and 67B of the Abkari Act for allegedly transporting 310 liters of spirit in a Maruti Omni Van(owned by the 4th accused) on 21.1.2007 and who were arrested on the same day, seek their enlargement on bail. 2. 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. (V. RAMKUMAR, JUDGE) aks