IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Bail Appl..No. 6971 of 2010() ---------------------------------- (CRIME NO. 1205/2010 OF THALASSERY POLICE STATION, KANNUR DISTRICT) ........... PETITIONER/ACCUSED 1 & 2 ---------------------------------- 1. ANOOP.T.K., S/O.NANU, AGED 27 YEARS, THAZHE KODAKKATTU, MADAPPALLY COLLEGE P.O., VADAKARA TALUK. 2. ROYI JOSE FERNANDAZ, S/O.RICHARD FERNANDAZ, AGED 40 YEARS, ST.GEORGE HOUSE, PARAKKAL, MAHE. BY ADVS. SRI.N.RAGHURAJ SRI. BIJU SUKUMARAN SMT.K. AMMINIKUTTY RESPONDENT(S): STATE: ----------------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, THALASSERY POLICE STAITON, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------ Bail Application No.6971 of 2010 ----------------------------------------- DATED: 4th day of November, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 and 2 in Crime No.1205/2010 of Thalassery Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 210 litres of I.M.F.L, seek their enlargement on bail. 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