IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 6164 of 2010() ------------------------------------------ (C.R.NO.31/2010 OF EXCISE RANGE, THALASSERY, KANNUR) .................... PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. ASHOKAN P.K., S/O. KANNAN, CHALIL VEETTIL HOUSE, KUTTIYADI AMSOM, VADAYAM DESOM, VATAKARA TALUK. 2. LINEESH K.P., S/O. NANU, KIZHAKKEPARAMBATH HOUSE, KUNNUMMAL AMSOM, KAKKATTIL DESOM, VATAKARA. BY ADVS. SRI.B.S.SWATHY KUMAR, SMT.P.A.ANITHA, SMT.S.MEERA. RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ---------------------- Bail Application No. 6164 of 2010 --------------------- DATED: 7th October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 and 2 in C.R. No. 31 of 2010 of Excise Range,Thalassery, for offences punishable under Sections 55 (a) and 67 (b) of Abkari Act read with Sec. 9 and 26 of the F.L. Rules for allegedly having been found transporting 212.04 litres of IMFL in a Car bearing No. KL-II/F-7057 at Monthal on 27-08- 2010 seek their enlargement on bail. They were arrested on the same day. 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. Dated this the 7th day of October, 2010. Sd/-V.RAMKUMAR, JUDGE. ani /true copy/ P.S. to Judge B.A.No. 2