IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 4790 of 2010() ----------------------------- CMP.3728/2010 of J.M.F.C.-I, MAVELIKKARA .................... (CRIME NO.257/2006 OF MAVELIKARA POLICE STATION, ALAPPUZHA DISTRICT) ...... PETITIONER/5TH ACCUSED: ------------------------------------------ FAIJU @ BABU, S/O.JAMALUDEEN, AGED 32 YEARS, RESIDING AT PALLIKIZHAKKETHIL, CHERUVALLOOR MURI, WARD NO.4, CHERIYANADU PANCHAYAT, CHERIYANADU VILLAGE. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MAVELIKARA POLICE STATION, ALAPPUZHA DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.4790 of 2010 ------------------------------------------------ Dated this the 31st day of August, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioner who is the fifth accused in Crime No.257/2006 of Mavelikkara Police Station for offences punishable under Sections 8(1)(2) & 55 (a)(1) of the Kerala Abkari Act for allegedly having been found in possession of 2065 litres of spirit, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application. 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 Section 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