IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Bail Appl..No. 4709 of 2010() ------------------------------------------- (CRIME NO.529/2010 OF ANCHALUMMOODU POLICE STATION) PETITIONER/2ND ACCUSED: ------------------------------------------- BIJU, S/O.GOINATHAN, VALUTHUNDIL VEEDU, NEAR ST.MARY'S ORTOHDOX CHURCH, KADAMPOIKA, NEDUMBAYIKULAM, EZHUKONE VILLAGE. BY ADVS. SRI.PRATHEESH.P., SRI.SIJU KAMALASANAN. RESPONDENT(S): STATE : ----------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No.4709 of 2010 * * * * * * * * * * * * * * * * * DATED: 13th day of August, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the 2nd accused in Crime No.529/2010 of Anchalummoodu Police Station for an offence punishable under sec.55(a) & (i) of the Abkari Act for allegedly having been found in possession of 525 liters 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. dmb