BABUTTY ALIAS RAJEEVAN Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) PETITIONERS were accused Nos.1 and 2 in C.R. No. 3/2007 of Mananthavady Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly carrying 34.9 litres of IMFL in an autorikshaw on 13.2.2007 and who were arrested on the same day, seek their enlargement on bail.

(2.) LEARNED Public Prosecutor opposed the application submitting, inter alia, that the first petitioner, who is the first accused, is an accused in other crimes involving similar offences. If so, I am not satisfied that both the grounds enumerated under sec.41A (b)(ii) of the Abkari Act are present in this case so as to justify the grant of anticipatory bail to the first petitioner. I am, however, inclined to grant bail to the 2nd petitioner, who is the 2nd accused, since he is not shown to be involved in other crimes. Accordingly, the 2nd petitioner is directed to be released on bail on his executing a bond for Rs.20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Mananthavady and subject to the following conditions: