IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Bail Appl..No. 7239 of 2010() ------------------------------------------ (CRIME NO.351/2010 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ... PETITIONER/ACCUSED: --------------------------------------- SANKARA PILLAI, S/O.NARAYANA PILLAI, THADATHARIKATHU VEEDU, KOTTOOR, PULIPPARA, KOTTOOR. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.SATHEESHKUMAR, SRI.K.S.PRAVEEN. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7239 of 2010 ------------------------------------------------ Dated this the 15th day of November, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.351 of 2010 of Neyyardam Police Station for an offence punishable under Sec.8(1) & 8(2) of the Abkari Act for allegedly having been found in possession of 5.5 litres of arrack, seeks his enlargement on bail. The petitioner was arrested on 14/10/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in five other Abkari cases. 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 skj