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V.N. MANOJ v. THE STATE OF KERALA - Bail Appl No. 6518 of 2006  RD-KL 2487 (4 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 6518 of 2006()
1. V.N.MANOJ, S/O.LATE NARAYANAN,
1. THE STATE OF KERALA,
For Petitioner :SRI.S.M.PRASANTH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application No.6518 OF 2006
DATED: DECEMBER 4, 2006
O R D E RIn this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.90/2006 of Sulthan Batheri Excise Range for offences punishable under Secs.8(1) & 8(2) of the Abkari Act, for having been found in possession of 50 packets Karnatka made arrack on 25.10.2006, seeks his enlargement on bail. The petitioner was arrested on the same day.
2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in another crime involving similar offence.
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.
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