IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Bail Appl..No. 7643 of 2010() --------------------------------------- ( CRIME NO. 84/2010 OF ARYANAD EXCISE RANGE, THIRUVANATHAPURAM, DISTRICT IN CMP.9429/2010 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER/ACCUSED ---------------------------------- SUMESH @ SIDHU,S/O.SUKUMARAN MANKODU LAKSHAM VEEDU, KOTTAKKAKOM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7643 of 2010 ------------------------------------------------ Dated this the 01st day of December, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.84 of 2010 of Aryanad Excise Range for offences punishable under Sections 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 35 litres of arrack, seeks his enlargement on bail. The petitioner was arrested on 03/11/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is involved in yet another case wherein 17 litres of arrack were seized. 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