KOCHUMON ALIAS BIJU SAHADEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 2nd accused in C.R.No.301/05 of Karthikappally Excise Range for an offence punishable under section 8 (2) of the Abkari Act for allegedly having been found in possession of 1.100 litres of rectified spirit and 1.100 litres of diluted arrack on 25.12.2005 and who was arrested on 6.3.2007, seeks his enlargement on bail.

(2.) 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.