IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Bail Appl..No. 5594 of 2010() ----------------------------- CMP.4246/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, HARIPAD .................... (CRIME NO.66/2010 OF KARTHIKAPPALLY EXCISE RANGE) PETITIONER/ACCUSED: -------------------------------------- VISWAMBHARAN,AGED 49 YEARS, S/O.DAMODARAN,VIDHUN NIVAS,KARUVATTA VADAKKU MURI, KARUVATTA VILLAGE,KARTHIKAPPALLY TALUK. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ---------------------- Bail Application No. 5594 of 2010 --------------------- DATED: 17th September, 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. 66 of 2010 of Karthikappally Excise Range for an offence punishable under Sec. 55 (i) of Abkari Act for allegedly having been found in possession of 850 ml. of Indian Made Foreign Liquor, 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. Dated this the 17th day of September, 2010. Sd/-V.RAMKUMAR, JUDGE. ani /true copy/ P.S. to Judge B.A.No. 2