IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Bail Appl..No. 7340 of 2010() ------------------------ CRIME NO. 247 OF 2007 OF MALAYINKEEZHU POLICE STATION CMP.4547/2010 of J.M.F.C.,KATTAKADA .................... ACCUSED NO.2 ------------ MANIYAN MESSIRI @ KRISHNANASARI, S/O. APPU ASSARI, AGED 64 YEARS, SHAJI BHAVAN, NEAR THAMPURAN TEMPLE, CHERUPOTTA, MALAYINKEEZHU DESOM, MALAYNIKEEZHU VILLAGE, NOW RESIDING AT RENTED HOUSE AT VIJAYA BHAVAN, MAILOTTUMOOZHI, CHERUMMANNADU, VEERANKAVE VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. --------------------------- Bail Application No. 7340 of 2010 -------------------------- DATED: 18th November, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No. 247 of 2007 of Malayinkeezhu Police Station for an offence punishable under Sec. 55 (a) of the Abkari Act, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that consequent on A3 to A5 supplying spirit 3115 litres of spirit was recovered from the petitioner (A2) and 3815 litres of spirit was recovered from A1. 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 B.A.No. 7340 of 2010 -2- release on bail. With the above observation this Application is dismissed. Dated this the 18th day of November, 2010. V.RAMKUMAR, JUDGE. ani/