IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Bail Appl..No. 6162 of 2010() ----------------------------- CMP.4467/2010 of JUDICIAL FIRST CLASS MAGISTRATE COUT I, HARIPAD .................... (CRIME NO.67/2010 OF KARTHIKAPALLY EXCISE RANGE,ALLEPPEY DIST.) .......... PETITIONER/ACCUSED: -------------------------------------- SIDHARTHAN @ CHITHAN, S/O.SREEDHARAN, PUTHUCHIRAYIL VEEDU, KARUVATTA NORTH MURI, KARUVATTA VILLAGE. 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 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ---------------------- Bail Application No. 6162 of 2010 --------------------- DATED: 11th October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No. 67/2010 of Karthikappally Excise Range for an offence punishable under Sec. 8 (2) of the Abkari Act, for allegedly having been found in possession of 4 litres of illicit arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in yet another case. 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. ani B.A.No. 2