MOHANAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused in Crime No. 56 of 2011 of Chengannur Excise Range registered for the offences under Section 55(a) of Kerala Abkari Act and Crime No. 65 of 2011 of the same Excise Range registered for the offences under Section 55(g) of Kerala Abkari Act. Petitioner surrendered in both the cases on 7.2.2012 and has been in custody since then. Learned Counsel appearing for petitioner and learned Public Prosecutor were heard. Prosecution case in Crime No. 65 of 2011 is that petitioner was found in possession of 140 litres of wash on the western side of Achankovil river at Ennakkad Village on 9.10.2011 and the prosecution case in Crime No. 56 of 2011 is that petitioner was found in possession of 7.8 litres of illicit arrack at Ennakkadu - Ulunthi road on 3.9.2011 and he thereby committed the offences in both the cases.

(2.) LEARNED Public Prosecutor opposed the petition and submitted that petitioner is also an accused in Crime No. 11 of 2008 of the same Excise Range having found in possession of 15 litres of illicit arrack. Considering the allegation raised against the petitioner, on the materials now available, it cannot be found that petitioner did not commit the offences alleged or will not commit offence, if released on bail as provided under Section 41 of Kerala Abkari Act. Hence petitioner cannot be granted bail. Petitions are dismissed.