IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Bail Appl..No. 6192 of 2010() ----------------------------- CRIME NO.89/2010 OF KAYAMKULAM EXCISE RANGE CMP.2110/2010 of J.M.F.C.-II, HARIPAD .................... PETITIONER/ACCUSED -------------------------------------- KAMALAMMA, W/O.RAJU, RAJEEV BHAVANAM, ERUVA MURI, PATHIYOOR VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.V.ANIL (K/1480/98) SRI.RENJIT GEORGE RESPONDENT(S): STATE ---------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.89 OF 2010 OF KAYAMKULAM EXCISE RANGE). PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 6192 of 2010 --------------------- DATED: 15th October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No. 89 of 2010 of Kayamkulam Excise Range, Alappuzha District for offences punishable under Sections 8(i) and (ii) and 55 (g) of the Kerala Abkari Act, for having been found in possession of 120 litres of wash and 600 ml. of illicit arrack, seeks her 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 her release on bail. With the above observation this Application is dismissed. Dated this the 15th day of October, 2010. V.RAMKUMAR, JUDGE. ani B.A.No. 2