IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Bail Appl..No. 5394 of 2010 (F) ----------------------------- (CRIME NO.240 OF 2010 OF KATTAKKADA POLICE STATION .................... PETITIONER/ACCUSED NO.2. ------------------------------------------ VAMADEVAN @ VAMAN , S/O.NARAYANADAS CHARUVILAKATHU PUTHEN VEEDU,ASRAYAPURI, AMABALATHINKALA, PARACHALMURY, KULATHUMMAL VILLAGE THIRUVANANTHAPURAM. BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, AT HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION, ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. ---------------------- Bail Application No. 5394 of 2010 --------------------- - ----------- ----- Dated this the 9th day of September, 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.240/2010 of Kattakkada Police Station for an offence punishable under section 8(2) of the Abkari Act for allegedly having been found in possession of 29.5 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 B.A.No. 2