IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Bail Appl..No. 7469 of 2010() ----------------------------------------------- CRIME NO.50/2010 OF EXCISE RANGE, KATTAKADA CMP.4721/2010 of J.M.F.C.,KATTAKADA .................... PETITIONER/ACCUSED -------------------------------------- RAJAN, S/O.GOPI PANICKER, KALLUVILA VEEDU, MANNADIKONAM, MARANALLOOR VILLAGE, NEYYATTINKARA. BY ADV. SRI.D.KISHORE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. THE EXCISE INSPECTOR, KATTAKADA EXCISE RANGE, THIRUVANANTHAPURAM-695001. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.7469 of 2010 --------------------- DATED: 22.11.2010 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.50/2010 of Kattakada Excise Range for offences punishable under Sections 8(1) and 8 (2) of the Abkari Act for allegedly having been found in possession of 1½ litres of arrack seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the petitioner is involved in ten other Abkari offences. 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. sj