KUNJAN ALIAS KOCHERUKKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the accused in C.R. No.36/2006 of Perumbavoor Excise Range for offences punishable under Secs.55(a) and 55(i) of the Abkari Act, for allegedly having been found in possession of 3.5 liters of IMFL on 9.12.2006 and who was arrested on 18.12.2006, seeks his enlargement on bail.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor, on instructions, opposed the application submitting, inter alia, that the petitioner is an accused in three 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.