IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Bail Appl..No. 7774 of 2010() ----------------------------- CRMP.4670/2010 of J.M.F.C. - I, NORTH PARAVUR .................... (CRIME NO.541/2010 OF ELOOR POLICE STATION,ERNAKULAM DISTRICT) ..... PETITIONER/ACCUSED: -------------------------------------- LIBIN, AGED 33 YEARS, S/O.GOPALAKRISHNAN, KUMBALAMPILLY, CHOTTANIKKARA, KURIKKAD P.O., ERNAKULAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.541/2010 OF ELOOR POLICE STATION, ERNAKULAM DISTRICT). BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.7774 of 2010 ------------------------------------------------- Dated this the 07th day of December, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is accused No.4 in Crime No.541 of 2010 of Eloor Police Station for offences punishable under Sections 8(1) & (2) and 55(a) of the Abkari Act for allegedly having been found in possession of 450 litres of spirit, seeks his enlargement on bail. The petitioner was surrendered on 15/11/2010. 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. V.RAMKUMAR, JUDGE skj