IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Bail Appl..No. 7746 of 2010() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7340/2010 CMP.4547/2010 of J.M.F.C.,KATTAKADA CRIME NO.247/2007 OF MALAYINKEEZHU POLCIE STATION, THIRUVANANTHAPURAM. .................... PETITIONER (S) /ACCUSED A2 ----------------------------------------- MANIYAN MESSIRI @ KRISHNANASARI, S/O.APPU ASSARI,AGED 64 YEARS,SHAJI BHAVAN,NEAR THAMPURAM TEMPLE,CHERUPOTTA,MALAYINKEEZHU DESOM, MALAYINKEEZHU VILLAGE,NOW RESIDING AT RENTED HOUSE AT VIJAYA BHAVAN, MAILOTTUMOOZHI,CHERUMMANNADU, VEERANKAVE VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ---------------------- Bail Application No. 7746 of 2010 ---------------------------------------------- Dated this the 2nd day of December, 2010. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the second accused in Crime No.247/2007 of Malayinkeezhu Police Station for an offence punishable under Section 55(a)(i) of the Abkari Act for allegedly having been found in possession of 6930 litres of spirit, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that out of the 6930 litres of spirit recovered in this case, 3150 litres of spirit was seized from the property of the petitioner. 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. ln