IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Bail Appl..No. 5588 of 2010() ---------------------------------------- CRIME NO.141/2009 OF KATTAPPANA POLICE STATION, IDUKKI DIST. .......... PETITIONER/3RD ACCUSED ------------------------------------------ JAMESKUTTY JACOB, S/O.JACOB, AKKARAKALATHI HOUSE, KURISUMOODU PO, KUNNATHANAM, CHANGANASSERY. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------ 1. STATE OF KERALA , REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT BUREAU, PAINAVU, IDUKKI. 3. SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No. 5588 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 17th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 3rd accused in Crime No.141/2009 of Kattappana Police Station for offences punishable under Sections 55 (a) and 55 (i) of the Abkari Act for allegedly having been found in possession of 49.125 litres of IMFL, 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. dmb