IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Bail Appl..No. 7756 of 2010() ---------------------------------- (CRIME NO.530/2010 OF MANNAR POLICE STATION, ALAPPUZHA DISTRICT OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNUR) ......... PETITIONER/ACCUSED: ----------------------------- OMANAKUTTAN, AGED 46 YEARS, S/O.DAMODARAN, KATTILAYIL VEEDU, PERINGALIPPURAM, BUDHANOOR, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: --------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, THIRUVALLA EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7756 of 2010 ------------------------------------------------ Dated this the 01st day of December, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.530 of 2010 of Mannar Police Station, Alappuzha for offences punishable under Sections 8(1) & 8(2) of the Kerala Abkari Act for allegedly having been found in possession of 4.75 litres of arrack, seeks his enlargement on bail. The petitioner was arrested on 06/11/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is involved in three other Abkari cases. 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