IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH DECEMBER 2010 / 7TH POUSHA 1932 Bail Appl..No. 8574 of 2010() ----------------------------- CRIME NO.401/2009 OF ANCHAL POLICE STATION CRMP.3246/2010 of I ADDL. DISTRICT COURT, KOLLAM .................... PETITIONER/A12 ---------------------------------- JOHNY MATHEW, AGED 48, S/O.MATHEW, KUNNUMPURATHU VEEDU, PALA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, (CRIME 401/09), ANCHAL POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 8574 of 2010 --------------------- Dated this the 28th day of December, 2010. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 12th accused in Crime No.401 of 2009 of Anchal Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 3400 litres of spirit 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. rv