IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Bail Appl..No. 7210 of 2010() ---------------------------------------- CRIME NO.32/2009 OF NEYYATTINKARA EXCISE RANGE. ......... PETITIONER/ACCUSED -------------------------------------- SASIKUMAR, S/O.SUKUMARAN, MARUTHUNINNA KUZHIVILA VEEDU, VENGAPOTTA, KOTTUKAL DESOM, KOTTUKAL VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------ Bail Application No. 7210 of 2010 ----------------------------------------- DATED: 11th day of November, 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.32/2009 of Neyyattinkara Excise Range for offences punishable under Sections 55(a), 58 and 67(B) of the Abkari Act for allegedly having been found in possession of 594 litres 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