LAWS(KER)-2007-6-41

PAILIKUTTY Vs. SUB INSPECTOR OF POLICE

Decided On June 01, 2007
PAILIKUTTY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner who is the first accused in Crime No.104/2007 of Vellikulangara Police Station for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of four litres of illicit arrack on 3.5.2007 and who was arrested on the same day seeks his enlargement on bail.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is an accused in two other crimes involving similar offence.

(3.) It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Moreover, I am not satisfied that both the ground enumerated under Section 41A (b)(ii) of the Abkari Act are present in this case so as to justify his release on bail. This Application is accordingly dismissed.