IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Bail Appl..No. 6551 of 2010() ----------------------------- CRIME NO.324/2010 OF EXCISE RANGE OFFICE. THALASSERY CMP.3746/2010 of J.M.F.C.,THALASSERY .................... PETITIONER: -------------------- DINESAN P.P, S/O CHATHU AGED 29 YEARS, PUTHUKKOTTUPARAMBATH HOUSE NADAPURAM HOUSE, KAKKATTIL DESOM, VADAKARA TALUK KOZHIKODE DT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.U.P.BALAKRISHNAN RESPONDENT(S): ---------------------------- 1. THE EXCISE INSPECTOR ,THALASSERY (CRIME NO. 324/2010) 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.6551 of 2010 --------------------- DATED: 20.10.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.324/2010 of Excise Range Office, Thalassery for offences punishable under Sections 55(a) and 67(B) of the Abkari Act 1 of 1077 read with Rules 9 and 26 of Kerala Foreign Liquor Rule 1953 for allegedly having been found in possession of 106.5 litres of IMFL, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending, inter alia, that each of the 59 bottles was containing 1.5 litres of IMFL and meant for sale in Pondicherry exclusively and the bottles were being brought from Mahe and the petitioner who was driving the vehicle did not stop the vehicle when the excise party asked him to stop the vehicle at Thalassery and instead he attacked three of excise party causing grave injuries and that the petitioner is also involved in yet another Abkari 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. sj B.A.No. 2