IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Bail Appl..No. 5751 of 2010() ----------------------------------------- CP.NO.190/2010 OF JFCM I, KASARAGOD) ........ (CR.NO.22/2003 OF KUMBALA EXCISE RANGE) PETITIONER/ACCUSED: -------------------------------------- CHANDRAHASA, AGED 37 YEARS, S/O.LATE KOGGA, PACHILAMPARA HARIJAN COLONY, UPPALA VILLAGE, KASARAGOD TALUK. BY ADVS. SRI.T.B.SHAJIMON, SMT. GOVINDU P.RENUKADEVI. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP.BY INSPECTOR OF POLICE, KUMBALA EXCISE RANGE, REP.BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ---------------------- Bail Application No.5751 of 2010 --------------------- DATED: 24.09.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioner who is the accused in C.R. No.22/2003 of Kumbla Excise Range for an offence punishable under Sec.55(a) of the Abkari Act for allegedly having been found in possession of 13 bottles of IMFL, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the petitioner was found in possession of 13 bottles of IMFL in the year 2003 and he was arrested on 6.8.2010, after long 7 years and that one more case is pending against the petitioner in which the case against the petitioner is transferred to the Long Pending Register. 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. sj