IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Bail Appl..No. 4613 of 2010() ------------------------------------------ (CR.NO.556/2009 OF PARASSALA POLICE STATION,THIRUVANANTHAPURAM DIST) PETITIONERS/ACCUSED NO.2 & 3: ----------------------------------------------------- 1. SREEKUMAR, AGED 42 YEARS, S/O. MADHAVAN NAIR, CP XX/181, ALATHARAKKAL, NOCHIYOOR DESOM, CHENKAL VILLAGE. 2. SELVARAJAN @ SELVAN, AGED 50 YEARS, S/O. RAGHAVAN NADAR, NAMBYADI HOUSE, NEAR PENTECOST CHURCH, VAZHIMUKKU, PARANIYAM, PUTHIYATHURA DESOM, KARUMKULAM VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR, PARASSALA POLICE STATION. BY PUBLIC PROSECUTOR SRI. V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ---------------------------------- Bail Application No.4613 of 2010 -------------------------------------------- DATED: 4th day of August, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.2 and 3 in Crime No.556/2009 of Parassala Police Station for an offence punishable under Sec. 55(a) and (b) of the Abkari Act for allegedly having been found in possession of 525 liters of spirit, seek their enlargement on bail. The petitioners were arrested on 27.6.2010. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners contention that they have 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 their release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. dmb