IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3265 of 2008() ----------------------------- AGAINST THE ORDER DATED 12.05.2008 IN CMP 2639/2008 IN CP.115/2008 of J.M.F.C-I,KASARGOD CRIME NO. 88/2005 of KASARGOD POLICE STATION .................... PETITIONER/ACCUSED -------------------------- ABDUL AZEEZ @ BALIA AZEEZ, S/O.MOHAMMAD, AGED 28 YEARS,POOKALAM(H), PUTHIGE, KUMBALA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: RESPONDENTS/COMPLAINANT/STATE ------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE KASARAGODE POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 3265 of 2008 ==================== Dated this the 22nd day of May, 2008. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.88 of 2005 of Kasargod Police Station for an offence punishable under section 55(A) of the Abkari Act for allegedly having been found in possession of 5500 packets each containing 100 ml 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. rv