IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 Bail Appl..No. 7561 of 2010() ---------------------------------------- ( CRIME NO. 77/2010 OF ARYANAD EXCISE RANGE,THIRUVANATHAPURAM) ------------------- PETITIONER/ACCUSED --------------------------------- SOBHANA, D/O.RUGMINI, SUBEESH BHAVAN, MANCHADI NINNAKUZHY, ANAKAYATHUMOOLA, KOTTAKKAKOM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI. K. SATHEESH KUMAR SRI. K.S.PRAVEEN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHIWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7561 of 2010 ------------------------------------------------ Dated this the 29th day of November, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.77 of 2010 of Aryanad Excise Range, Thiruvananthapuram for offences punishable under Sections 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 2.5 litres of arrack, seeks her enlargement on bail. The petitioner was arrested on 03/11/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in yet another Abkari offence involving 5 litres of illicit arrack. 3. It is too early to accept the petitioner's contention that she has been falsely implicated in the case. Moreover, 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 her release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE skj