IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Bail Appl..No. 4728 of 2010() ---------------------------------------- CR. NO.25/2010 OF EXCISE RANGE, PAZHAYANNUR, THRISSUR. ............. PETITIONER/ACCUSED -------------------------------------- DINESHKUMAR @ SUNDARAN, S/O.GOPALAN, PUTHUVETTIL HOUSE, CHEMBAMKULAMBU DESOM, PULAKKOD VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT ------------------------------------------------ THE STATE OF KERALA, REPRESENTING EXCISE INSPECTOR, PAZHAYANNUR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ---------------------- Bail Application No. 4728 of 2010 ------------------------------------------ DATED: 11.08.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the accused in C.R.No.25/2010 of Pazhayannur Excise Range for an offence punishable under section 8(2) of the Abkari Act for allegedly having been found in possession of two litres of arrack, 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. ln