IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Bail Appl..No. 6428 of 2010() ----------------------------- CMP.6408/2010 of J.M.F.C.-VII, TRIVANDRUM CRIME NO.60/2010 OF CHIRAYINKEEZHU EXCISE RANGE .................... PETITIONER/ACCUSED(IN CUSTODY) --------------------------------------------------- BABY,S/O.SOMAN,KALIVILA VEEDU, ELAMBA DESOM,MUDAKKAL VILLAGE,CHIRAYINKEEZHU TALUK,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE, CHIRAYINKEEZHU,THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR MR.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No. 6428 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 15th day of October, 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.60/2010 of Chirayinkeezhu Excise Range for an offence punishable under Section 55(i) of Abkari Act I of 1077 for allegedly having been found in possession of 12 litres of IMFL, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter-alia that the petitioner is involved in two 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. dmb