IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Bail Appl..No. 5209 of 2010() ----------------------------- CMP.6731/2010 of J.M.F.C.,KASARAGOD CRIME NO.41/2010 OF KASARAGOD EXCISE RANGE .................... PETITIONER/ACCUSED -------------------- 1. M.HASHIM,S/O.MUHAMMED,MUNDANGAL HOUSE, BEVINJA,THEKKIL VILLAGE,KASARAGOD. 2. ABDUL MAJID,S/O.LATE KUNHAMBU, DESIYATH VEEDU,BERKKA,CHENGAL VILLAGE. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR,KASARAGOD EXCISE RANGE, (CRIME NO.41 OF 2010),KASARAGOD DISTRICT. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No. 5209 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 6th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. petitioners, who are accused Nos.1 and 2 in Crime No.41/2010 of Kasaragod Excise Range for offences punishable under Sections 55(a), 58 and 64A of the Abkari Act for allegedly having been found in possession of 330.3 litres of IMFL, seek their enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners contention that they have 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 their release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. dmb