IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Bail Appl..No. 5945 of 2010() ---------------------------------- (CRIME NO.242/2010 OF PARIYARAM MCH POLICE STATION, KANNUR DISTRICT) ............ PETITIONER(S)/2ND ACCUSED ------------------------------------ ABDUL MAJEED, S/O.C.A.KUNHAMU, AGED 27 YEARS, DESATH HOUSE, CHENGALA AMSOM, KASARAGOD. BY ADV. SRI.T.R.TARIN RESPONDENT(S): COMPLAINANT /STATE ------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, PARIYARAM MCH POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No.5945 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 29th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No.242/2010 of Pariyaram MCH Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 624 litres of IMFL, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contenting inter-alia that the petitioner is involved in yet another case of a similar nature. 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. dmb