IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Bail Appl..No. 2905 of 2008(A) ------------------------------ CMP.1558/2008 of J.M.F.C.-I,THAMARASSERY .................... PETITIONER/ACCUSED: -------------------------- AJAYAN @ AJAYAKUMAR @ UNNIKRISHNAN, AGED 29 YEARS, S/O.KARUNAKARAN, EDATHODIYIL HOUSE, BHARANANGANAM VILLAGE, EDAPPADIKKARA, PALA. BY ADV. SRI.C.VIVEK RESPONDENTS: COMPLAINANT: ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 2905 of 2008 ==================== Dated this the 23rd day of May, 2008. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 4th accused in Crime No.227 of 2007 of Thamarassery Police Station for offences punishable under sections 55(a) and 64(A) of the Abkari Act for allegedly having been found in possession of 928 liters of spirit 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. rv