LAWS(KER)-2006-12-45

RADHA Vs. STATE OF KERALA

Decided On December 26, 2006
RADHA SASI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) In this Petition filed under Sec.439 Cr.P.C. the petitioner, a lady, who is the accused in Crime No.190/06 of Chengannur Excise Range for offences punishable under Sections 8(1) and 8(2) of the Abkari Act, for having been found in possession of 1.5 litres of arrack on 24.10.2006.seeks her enlargement on bail.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application submitting, inter alia, that the petitioner is an accused in another case involving similar 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.