SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in Cr.No.6/07 of Amaravila Excise Range for an offence punishable under section 8(1) of the Abkari Act for allegedly having been found in possession of 5 litres of arrack on 27.1.2007 and who was arrested on the same day, seeks his enlargement on bail.

(2.) I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the application.

(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.