IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 Bail Appl..No. 6221 of 2010() ----------------------------- CMP.7077/2010 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.79/2010 OF KOTTARAKKARA EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- VENUGOPALA PILLAI, S/O.GOPALA PILLAI, VISHNUBHAVANAM, KARIKKAMATTAM MURI, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.T.THOMAS RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No. 6221 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 14th day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.79/2010 of Kottarakkara Excise Range for an offence punishable under Section 55(i) of the Abkari Act for allegedly having been found in possession of 4.560 litres of IMFL, 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