IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 5026 of 2010() ----------------------------- CMP.7196/2010 of J.M.F.C.-I, KOLLAM CRIME NO.117/2009 OF KOLLAM EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- UDHAYAN,S/O.GOPI,AGED 40,UDHAYA MANDIRAM THOTTIKKARA BHAGAM,EAST KALLADA SOUTH, EAST KALLADA VILLAGE,KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.117/2009 OF EXCISE RANGE,KOLLAM, KOLLAM DISTRICT). PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No.5026 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 3rd day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the sole accused in Crime No.117/2009 of Kollam Excise Range for an offence punishable under Sec.55(g) of the Abkari Act for allegedly having been found in possession of 40 litres of wash, 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. dmb