IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Bail Appl..No. 7662 of 2010() ------------------------------------------ (CRIME NO.1741/2010 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT) ........ PETITIONER/ACCUSED NO.3: ------------------------------------------- MARTIN PAULOSE, S/O.BABY, AGED 35 YEARS, VELLAMKANDATHIL VEEDU, KANJIKUZHI MURI, KAVALANGADU MURI, KOTHAMANGALAM VILLAGE. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE S.H.O., KARUNAGAPPALLY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. --------------------------- Bail Application No. 7662 of 2010 ----------------------------------------- Dated this the 30th day of November, 2010. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the third accused in Crime No.1741/2010 of Karunagappally Police Station for an offence punishable under section 55(a) & (i) of the Abkari Act for allegedly having been found in possession of 1000 litres of spirit, 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. V.RAMKUMAR, JUDGE. ln