IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Bail Appl..No. 5414 of 2010() ---------------------------------------- CMP.4424/2010 of J.M.F.C.-I, MAVELIKKARA CR. NO.52/2010 OF MAVELIKKARA EXCISE RANGE IN ALAPPUZHA .................... PETITIONER/ACCUSED ---------------------------------- RAJENDRAN, AGED 47 YEARS, S/O. DAMODARAN, VALYATHAZHATHETHIL VEEDU, PALLYAVATTAM MURI, THEKKEKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ---------------------- Bail Application No. 5414 of 2010 --------------------- DATED: 13.09.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No.52/2010 of Mavelikkara Excise Range for offences punishable under sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 7 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. sj