PADMINI E KARIYAN AMBADI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos.1 and 2 in C.R.No.37/06 of Nileshwar Excise Range for offences punishable under sections 55(a) and 55(g) of the Abkari Act for allegedly having been found in possession of 1 = litres of arrack and 20 litres of wash on 3.11.2006 and who were arrested on the same day, seek bail.

(2.) Learned Public Prosecutor on instructions submitted that the first petitioner is an accused in two other crimes involving similar offences. With regard to the second petitioner, he had no opposition. In the case of the first petitioner, I am not satisfied that both the grounds enumerated under sections 41A(b)(ii) of the Abkari act are present in this case so as to justify the release of the first petitioner on bail. In the case of the second petitioner, I am inclined to grant bail. Accordingly, this application is allowed in part disallowing bail to the first petitioner Padmini but granting bail to the second petitioner K.V.Ramachandran.

(3.) The second petitioner is accordingly directed to be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-II, Hosdurg and subject to the following conditions: