IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Bail Appl..No. 1279 of 2011() ----------------------------- CRIME NO.128/2011 OF CHAVARA POLICE STATION CMP.793/2011 of J.M.F.C. - I, KARUNAGAPPALLY .................... PETITIONER: IST ACCUSED ------------------------------- SUNIL @ SUNILKUMAR, S/O. SIVANANDAN, KOCHAYYATHU VEEDU, ADINADU VADAKKUMURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.1279 of 2011 ------------------------------------------------ Dated this the 28th day of February, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.1 in Crime No.128 of 2011 of Chavara Police Station for offences punishable under Sections 55(a) & 64(A) of Kerala Abkari Act for allegedly having been found in possession of 2520 litres of spirit, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that 2520 litres of spirit was found in a workshop run by the petitioner even though the rent deed was in the name of A2. 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 Section 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 28th day of February, 2011. V.RAMKUMAR, JUDGE. skj