IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Bail Appl..No. 912 of 2011() --------------------------- CMP.107/11 IN CRIME NO. 83/2010 OF ARYANAD EXCISE RANGE ......................... PETITIONER / ACCUSED : -------------------------------------- SAIMAN, S/O.APPAV NADAR, MEKKUMKARA PUTHEN VEEDU, KADUVAKUZHI, PARAMUKKU, MEENANKAL, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADVS. SRI.NAGARAJ NARAYANAN SRI. SAIJO HASSAN RESPONDENT / STATE : ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ---------------------- B.A. No. 912 of 2011 --------------------- Dated this the 10th day of February, 2011. 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.83 of 2010 of Aryanad Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 20 litres of arrack, 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 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. rv