IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Bail Appl..No. 7510 of 2010() ---------------------------------------------- CRIME NO.80/2010 OF ARYANAD EXCISE RANGE, TRIVANDRUM CMP.6616/2010 of J.M.F.C.-II,NEDUMANGAD .................... PETITIONER/ACCUSED -------------------------------------- AJAYAKUMAR @ AJU, S/O.SUKUMARAN NADAR, CHEMPUVILAKONATHU VEEDU, AP.XVIII/387, IRUMPA FROM MELE PUNAVILAKATHU VEEDU, IRUMPA MURI, ARUVIKKARA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - Bail Application No.7510 of 2010 - - - - - - - - - - - - - - - - - - - - - DATED: 25.11.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.80/2010 of Aryanad Excise Range for offences punishable under Sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 35 litres of arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the petitioner is involved in yet another Abkari offence and his formal arrest in this case was recorded on 21.10.2010. 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. Dated this the 25 th day of November, 2010. V.RAMKUMAR, JUDGE. sj