Kerala High Court

Bail Appl./7597/2006 of RADHA Vs STATE OF KERALA AND ANOTHER on 26 December 2006

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Bail Appl..No. 7597 of 2006() ----------------------------- CMP.2807/2006 of J.M.F.C.-II, CHENGANNUR CRIME NO.190/06 OF CHENGANNUR EXCISE RANGE. ....................

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928

Bail Appl..No. 7597 of 2006()

-----------------------------

CMP.2807/2006 of J.M.F.C.-II, CHENGANNUR

CRIME NO.190/06 OF CHENGANNUR EXCISE RANGE.

....................

: PETITIONER/ACCUSED:

------------------------------------

RADHA, W/O.SASI,

THUNDATHIL PADEETTATHIL VEEDU,

KUTTAMPEROOR MURI, MANNAR VILLAGE,

CHENGANNUR TALUK.

BY ADV. SRI.ANOOP MATHEW ABRAHAM

SRI.LATHEESH SEBASTIAN

RESPONDENTS: STATE:

-------------------

1. STATE OF KERALA,

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

2. EXCISE RANGE OFFICER,

CHENGANNUR EXCISE RANGE OFFICE.

BY PUBLIC PROSECUTOR SHRI K.S.SIVAKUMAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V. RAMKUMAR, J.

--------------------------------

BAIL APPLICATION No.7597 OF 2006

--------------------------------

DATED THIS THE 26TH DAY OF DECEMBER, 2006

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O R D E R

In this Petition filed under Sec.439 Cr.P.C. the petitioner, a lady,who is the accused in Crime No.190/06 of Chengannur Excise Rangefor offences punishable under Sections 8(1) and 8(2) of the AbkariAct, for having been found in possession of 1.5 litres of arrack on24.10.2006.seeks her enlargement on bail.

2. I heard the learned counsel for the petitioner and thelearned Public Prosecutor. The learned Public Prosecutor opposedthe application submitting, inter alia, that the petitioner is an accusedin another case involving similar offence.

3. I am not satisfied that both the grounds enumeratedunder Clause (b)(ii) of Sec.41 A of the Abkari Act are present in thiscase so as to justify the release of the petitioner on bail.

This application is accordingly dismissed.

V.RAMKUMAR, JUDGE.

dsn/-

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