IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST MARCH 2007 / 10TH PHALGUNA 1928 Bail Appl..No. 1193 of 2007() ----------------------------- CRMP.427/2007 of DISTRICT COURT, ALAPPUZHA C.R.NO.7/07 OF KUTTANAD EXCISE RANGE .................... : PETITIONERS ---------------------------- RAJESH, S/O.RAMESH (A3), H.NO.164(6/283), CHAKKAMADAM KUTHIRAPARAMBU, MATTANCHERRY VILLAGE, MATTANCHERRY TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.A.MOHAMMED RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 1193 OF 2007 ```````````````````````````````````````````````````` Dated this the 1st day of March, 2007 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the 3rd accused in C.R.No.7/2007 of Kuttanad Excise Range for offences punishable under Secs.55(a) and 67B of the Abkari Act, for allegedly transporting 310 liters of rectified spirit on 21.1.2007 in a Maruti Omni Van and who was arrested on the same day, seeks his enlargement on bail. 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) aks