IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 Bail Appl..No. 8533 of 2010(B) ------------------------------------------ [CRIME NO.47/2010 OF THRITHALA EXCISE RANGE, PALAKKAD DISTRICT] .......... PETITIONER/2ND ACCUSED: ----------------------------------------- KUNCHUMANI @ VINOD ,S/O.KUMARAN, CHANGHAZHITHODI VEETTIL, PARUTHUR VILLAGE MANGALAM DESOM, OTTAPALAM TALUK,PIN- 679 305. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. --------------------------------------------------- Bail Application No.8533 of 2010 --------------------------------------------------- Dated this the 5th day of January, 2011 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is accused No.2 in Crime No.47 of 2010 of Thrithala Excise Range for offences punishable under Sections 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 20 litres of arrack, seeks his enlargement on bail. The petitioner was surrendered on 15/12/2010. 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