IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Bail Appl..No. 8099 of 2010() ---------------------------------------- CRIME NO.166/2004 OF ADOOR POLICE STATION. .......... PETITIONER/ACCUSED ---------------------------------- ANIL KUMAR, AGED 38 YEARS, S/O.GOPALAN, SANKARAVILASOM, NELLIMUGAL, PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------- 1. THE S.I OF POLICE, ADOOR POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. --------------------------------------------------- Bail Application No.8099 of 2010 --------------------------------------------------- Dated this the 13th day of December, 2010 O R D E R In this Petition filed under Sec.439 Cr.P.C. the petitioner who is accused No.2 in Crime No.166 of 2004 of Adoor Police Station for an offence punishable under Section 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 30 litres of arrack, seeks his enlargement on bail. The petitioner was surrendered on 01/12/2010. 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 skj