IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Bail Appl..No. 6376 of 2010() ---------------------------- CMP.NO. 4781/10 OF JUDICIAL 1ST CLASS MAGISTRATE COURT II, ATTINGAL CRIME NO. 42/10 OF KAZHAKUTTOM EXCISE RANGE, THIRUVANANTHAPURAM. .................................................. PETITIONER / ACCUSED NO.6 : -------------------------------------------- SARASAN, S/O.SATHEESAN, KOLLAMPOTTA VEEDU, ARUMANOOR, POOVAR, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT / COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ---------------------- Bail Application No. 6376 of 2010 --------------------- DATED: 13-10-2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 6th accused in Crime No. 42 of 2010 of Kazhakuttam Excise Range for offences punishable under Sections 55(i), 58 (1) & (2) of the Abkari Act for allegedly having been found in possession of 1721 litres of spirit, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is the agent who was bringing illicit liquor from Tamil Nadu and Karnataka and apart from 1721 litres of spirit seized in this case forged stickers and holograms etc . were seized evidencing clandestine operation of a racket. 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. Sd/-V.RAMKUMAR, JUDGE. ani /true copy/ P.S. to Judge B.A.No. 2