IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 Bail Appl..No. 6341 of 2010() ------------------------------------------ (SC.NO.145/2010 OF ADDL.DISTRICT & SESSIONS COURT (ADHOC 1), PATHANAMTHITTA) ...................... PETITIONER:ACCUSED:(IN CUSTODY): ----------------------------------------------------------- NAGENDRAN, PONNALAYAM HOUSE, THAIKKATTUKARA, MUTTOM, ALUVA, NOW RESIDING AT C/O.SURESH, SUNITHA NIVAS, NO.1, THOTTUMUGHAM, SOUTH VAHZAKKULAM. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. EXCISE INSPECTOR, THIRUVALLA EXCISE RANGE, THIRUVALLA 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No. 6341 of 2010 * * * * * * * * * * * * * * * * * * DATED: 12th day of October, 2010 O R D E R The petitioner, who is the 1st accused in Crime No.30/2008 of Thiruvalla Excise Range for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found transporting 7,000 litres of spirit in a tanker lorry on 10.4.2008, seeks his enlargement on bail. He was arrested on 10.4.2008. The case is now pending trial before the Additional Sessions Court, Ad-Hoc-I, Pathanamthitta as S.C.No.145/2010. His application for regular bail filed as CMP.No.1316/2010 was dismissed by the learned Sessions Judge. It is thereafter that the petitioner has filed the present application. 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