IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Bail Appl..No. 5397 of 2010() ----------------------------- (CRIME NO.40/2010 OF NEYYATINKARA EXCISE RANGE) .................... PETITIONER/ACCUSED ----------------------- BIJU, S/O.MANOHARAN BIJU BHAVAN., ARASUVILASOM ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK BY ADV. SRI.S.D.ASOKAN RESPONDENTS/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. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. ---------------------- Bail Application No. 5397 of 2010 --------------------- - ----------- ----- Dated this the 9th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the sole accused in Crime No.40/2010 of Neyyattinkara Excise Range for an offence punishable under section 8(1) & (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. ln