IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Bail Appl..No. 6287 of 2010() ------------------------------------------ (C.R.NO.57/2009 OF EXCISE RANGE OFFICE,UDUMBANCHOLA,IDUKKI DIST.) ...... PETITIONER(S): ACCUSED: ------------------------------------------ THANKAPPAN, S/O.KUTTAN, CHERUVILPUTHEN VEEDU, POOPPARA KARA,POOPPARA VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR NO..57/2009 OF EXCISE RANGE OFFICE, UDUMABANCHOLA, IDUKKI DISTRICT). BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6287 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in CR.No.57 of 2009 of Excise Range Office, Udumbanchola for offences punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act for allegedly having been found in possession of 4.800 litres of arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in three other cases of similar nature. 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 Section 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 skj