IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 4942 of 2010() ---------------------------------- CRIME NO. 481/2009 OF KAYAMKULAM POLICE STATION ...................... PETITIONER/1ST ACCUSED : --------------------------------- RAMACHANDRAN, S/O.SANKARANKUTTY WARRIOR, AGED 36 YEARS, THRIKOVILMADAM, ENKIKKADU MURI, VADAKKANCHERY VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT/COMPLAINANT: ----------------------------------- THE STATE OF KERALA, REPRESENTING DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, ALAPPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 4942 of 2010 ------------------------------------------- Dated this the 3rd day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the first accused in Crime No.481/2009 of Kayamkulam Police Station for offences punishable under sections 55(a) and 8(1) & (2) of the Abkari Act and 120B of the Indian Penal Code for allegedly having been found in possession of 700 litres of spirit, 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. ln