IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Bail Appl..No. 4391 of 2010() ----------------------------- CMP.3520/2010 of J.M.F.C.-II,ATTINGAL CRIME NO.15/2009 OF KAZHAKUTTOM EXCISE RANGE .................... PETITIONER/ACCUSED4 -------------------------------------- RAJAPPANACHARI @ RAJAN, S/O.GOPALAKRISHNANACHARI, JAYA BHAVAN, SANTHAMOOLA, ...............MALAYINKEEZHU VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAZHAKUTTOM, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 4391 of 2010 --------------------- DATED: 2nd day of August, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 4th accused in Crime No.15/2009 of Kazhakuttom Excise Range for offences punishable under Sections 55(a), 8(1) and (2) and 58 of the Kerala Abkari Act for allegedly having been found in possession of 300 liters of illicit liquor (coloured arrack), seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application. 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. dmb