IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Bail Appl..No. 4085 of 2008() ----------------------------- CMP.3195/2008 of J.M.F.C.,KASARAGOD .................... CRIME NO.218 OF 2007 OF ADHUR POLICE STATION PETITIONER MAJEED, S/O.MUHAMMED, AJKAR HOUSE, PERMUDA PAIVALIKE , KASARAGODE TALUK BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: 1. S.I. OF POLICE, ADHUR POLICE STATION, KASARAGODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.4085 of 2008 =============================== DATED: 07.07.2008 O R D E R In this Petition filed under Sec. 439 Cr.P.C, the petitioner who is the accused in Crime No.218 of 2007 of Adhur Police Station for an offence punishable under Sec.55(a) of the Abkari Act for allegedly having been found in possession of 100 ml of 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. sj