SANTHOSH ALIAS KOCHUCHEMPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Cr. No. 111/2006 of Kottarakkara Excise Range for offences punishable under Secs.8(i) & (ii) of the Abkari Act, for allegedly having been found in possession of 10 liters of illicit arrack on 17/06/2006, seeks bail. He was arrested on 23/11/2006.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is an accused in another case involving similar abkari offence.

(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.