IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Bail Appl..No. 5937 of 2010 (F) ----------------------------- (CRIME NO.240 OF 2010 OF KATTAKKADA POLICE STATION, THIRUVANANATHAPURAM DISTRICT. PETITIONER/ACCUSED NO.2 ------------------------------------------- VAMADEVAN @ VAMAN, S/O.NARAYANADAS, CHARUVILAKATHU PUTHEN VEEDU, ASRAYAPURI, AMBALATHINKALA, PARACHALMURY, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION, ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5937 of 2010 ------------------------------------------------ Dated this the 29th day of September, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioner who is accused No.2 in Crime No.240 of 2010 of Kattakkada Police Station for an offence punishable under Section 8(2) of the Kerala Abkari Act for allegedly having been found in possession of 29.5 litres of arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in two other crimes one under the Explosives Act and the other under the Abkari Act for possessing illicit arrack. 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. V.RAMKUMAR, JUDGE skj