IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Bail Appl..No. 7264 of 2010() ------------------------------------------ (CRIME NO.255/2010 OF PAYYAVOOR POLICE STATION,KANNUR DISTRICT) ........ PETITIONER/ACCUSED: -------------------------------------- REJ ALIAS ALBIN LINARUS, AGED 39 YEARS, S/O.MOVIN, CHERUPUNATHIL HOUSE, NELLIKUTTY.P.O., KANNUR DISTRICT. BY ADVS. SRI.K.N.VIKRAMATHITHYAN PILLAI, SMT.SHAMEENA SALAHUDHEEN. RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, KERALA, ERNAKULAM-682 031. 2. STATION HOUSE OFFICE, PAYYAVOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7264 of 2010 ------------------------------------------------ Dated this the 16th day of November, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.255 of 2010 of Payyavoor Police Station for an offence punishable under Sec.55(a) of the Abkari Act for allegedly having been found in possession of 14.62 litres of Indian Made Foreign Liquor, seeks his enlargement on bail. The petitioner was arrested on 31/10/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is involved in yet another Abkari offence. 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. Bail Appln.No.7264/2010 : 2 : 4. In case the petitioner requires medical treatment, the Superintendent of the Jail shall send him to the appropriate hospital for treatment. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE skj