PURUSHOTHAMAN ALIAS DWARAKA PURUSHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The common petitioner in these two applications for regular bail is the accused in Crime No.1131/2004 of Kasargod PoliceStationforanoffencepunishable underSection55(a)of the Abkari Act for allegedly having been found in possession of 800 packets, each of 100 ml of Karnataka arrack,on 12.11.2004 and the third accused in Crime No.219/2003 of Badiadka Police Station for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of 5000 packets,each of 100 ml of karnataka arrack, on 21.8.2003.He was arrested on22.1.2007 in yet anothercrimenamely Crime No.149/2004 of Kasargod Police Station.His arrest in these two crimes were formally recorded on 14.2.2007.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is an accused in three other crimes of similar nature.

(3.) Iam not satisfiedthatboththegroundsenumerated under Clause (b)(ii) of Sec. 41 A of the Abkari Act are present in this case so as to justify the releaseof the petitioner on bail. These twoapplications areaccordingly dismissed.