IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH FEBRUARY 2007 / 20TH MAGHA 1928 Bail Appl..No. 779 of 2007() ---------------------------- AGAINST THE ORDER IN CRIME NO.14/2007. IN CMP./2007 of J.M.F.C.-I,THAMARASSERY .................... PETITIONER : ACCUSED ------------------------ SIMON, S/O.LUKOSE, VALLIKKATTIL HOUSE, KODIYATHUR AMSOM THOTTMUKKOM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE THIRUVAMPADI POLICE STATION, 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 09/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 779 OF 2007 - - - - - - - - - - - - - - - - DATED: 9th February, 2007 O R D E R Petitioner who is the first accused in Crime No. 14 of 2007 of Thiruvambady Police Station for an offence punishable under Sec. 55(a) of the Abkari Act for allegedly transporting in an autorickshaw 65 litres of IMFL in 151 bottles on 24-01- 2007 and who surrendered before the Magistrate on 29-1-2007, seeks his enlargement on bail. 2. 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. V.RAMKUMAR, JUDGE. ani.