IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3251 of 2008() ----------------------------- CRMP.2514/2008 of J.M.F.C.-I,PALAKKAD CRIME NO. 213/2007 of WALAYAR POLICE STATION .................... PETITIONER-ACCUSED NO.4: ---------------------------------- SHINE PRASAD, S/O. MADHU, AGED 25 YEARS, KATTUPARAMBIL VEEDU, BAVALI P.O., WAYANAD DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT: ------------------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 3251 of 2008 ==================== Dated this the 22nd day of May, 2008. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 4th accused in Crime No. 213 of 2007 of Walayar Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 30 cans each of 35 liters 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. rv