IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Bail Appl..No. 6807 of 2010() --------------------------------------- CRMP.7863/2010 of J.M.F.C.- I, OTTAPPALAM (CRIME NO.32/2010 OF OTTAPALAM EXCISE RANGE, PALAKKAD DT) .................... PETITIONER/ACCUSED ---------------------------------- UNNIKRISHNAN, AGED 42 YEARS, S/O.VASU,KALLAMPARAMBIL VEED,PALLARMANGALAM, PALAPPURAM,OTTAPALAM II VILLAGE,OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): STATE ------------------------------------ STATE OF KERALA,REPRESENTED BY EXCISE INSPECTOR , OTTAPALAM EXCISE RANGE THROUGH PUBLIC PROSECUTOR ,HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ---------------------- Bail Application No. 6807 of 2010 --------------------- DATED: 28-10-2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No. 32 of 2010 of Ottappalam Excise Range, Palakkad District for an offence punishable under Section 8(1) and (2) of the Abkari Act, for allegedly having been found transporting 6 litres of arrack, seeks his enlargement on bail. Petitioner was arrested on 13- 10-2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in two other crimes in which 7 litres and 3 litres of illicit arrack respectively was seized from the petitioner. 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. 28th October, 2010. V.RAMKUMAR, JUDGE. Ani/ B.A.No. 2