SALIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the accused in C.R. No.33/2006 of Kanjirappally Excise Range for an offence punishable under Section 55 (g) of the Abkari Act, for having been found in possession of 40 liters of wash on 27.12.2006 and was arrested on the same day, seeks his 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 two other crimes involving similar abkari offences.

(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.