SUBEESH SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.204/2006 of Kottarakkara Excise Range for offences punishable under Sec. 8(i) & (ii) of the Abkari Act, for allegedly having been found in possession of 2 liters of illicit arrack on 04/11/2006, seeks bail. He was arrested on 04/11/2006.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is accused in several other cases involving similar Abkari offences.

(3.) I am not satisfied that both the grounds enumerated under Clause (b)(ii) of Sec. 41A 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.