IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Bail Appl..No. 8372 of 2010() -------------------------------------- CRIME NO.62/2010 OF EXCISE RANGE, CHENGANNUR ....... PETITIONER/ ACCUSED (IN CUSTODY) ------------------------------------------------------- PRABHAKARAN, AGED 63 YEARS, S/O.NARAYANAN, THADIYASSERI VEEDU, KOLADATHUSSERY MURY,THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT BY ADV. SRI.V.MANOJ KUMAR RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REP.BY EXCISE INSPECTOR, EXCISE RANGE, CHENGANNUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8372 of 2010 ----------------------------------------------------- Dated this the 22nd day of December, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.62 of 2010 of Chengannur Excise Range, for an offence punishable under Section 55(i) of Kerala Abkari Act for allegedly having been found in possession of 500 ml. of Indian Made Foreign Liquor, seeks his enlargement on bail. The petitioner was arrested on 03/12/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in three other abkari offences. 3. It is too early to accept the petitioner's contention that he 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 his release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE skj