IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Bail Appl..No. 5640 of 2010() ------------------------------------------ CMP.NO.7673/2010 OF JFMC - I, NEYYATTINKARA ..... (CRIME NO.40/2010 OF NEYYATTINKARA EXCISE RANGE) ...... PETITIONER/ACCUSED: --------------------------------------- BIJU, S/O.MANOHARAN, BIJU BHAVAN, ARASUVILASOM, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.D.ASOKAN RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. .................................................... Bail Application No.5640 2010 ..................................................... Dated: 24.09.2010 ORDER Petitioner, who is the accused in C.R.No.40/2010 Neyyattinkara Excise Range for offences punishable under Sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 5 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