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MADHU, S/O. RAJAN v. STATE OF KERALA - Bail Appl No. 351 of 2007  RD-KL 1810 (23 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 351 of 2007()
1. MADHU, S/O. RAJAN,
1. STATE OF KERALA,
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO.351 OF 2007
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DATED THIS THE 23rd DAY OF JANUARY, 2007
O R D E RPetitioner who is the first accused in Cr.No.114/04 of Pooyappally Police Station for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 30 packets, each of 150ml, of illicit arrack altogether measuring 4.5 litres on 8.4.2004 and who surrendered before the Magistrate and was remanded to judicial custody on 1.1.2007, seeks his enlargement on bail.
2. Learned Public Prosecutor opposed the application submitting, inter alia, that the second accused is still absconding.
3. I am not satisfied that both the grounds enumerated under Clause (b)(ii) of Sec.41A 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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