IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 Bail Appl..No. 1209 of 2011() --------------------------------------- CRIME NO.128/2011 OF CHAVARA POLICE STATION, KOLLAM DISTRICT ..... PETITIONERS/ACCUSED NO.2 -------------------------------------------- PRASAD @ PRASADKUMAR, S/O. BALAKRISHNAN, CHIRAYIL PUTHENVEEDU, THURAYILKUNNU, MARTHOORKULANGARA THEKKU MURI, AYANIVELIKULANGARA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1209 of 2011 ----------------------------------------------------- Dated this the 7th day of March, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.2 in Crime No.128 of 2011 of Chavara Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 2520 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 Section 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. Dated this the 7th day of March, 2011. V.RAMKUMAR, JUDGE. skj