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. 6441 of 2010(C) ----------------------------------- (CRMP.4344/2010 of J.M.F.C.-I,PALAKKAD CRIME NO. 309/2010 OF KOTTAYI POLICE STATION, PALAKKAD DISTRICT) .................... PETITIONER(S)/ACCUSED ------------------------------- KANDAMUTHAN @ RAJAN,S/O.VELAYUDHAN, AGED 46 YEARS,MUTHANPARAMBU,PULLINELLY, KOTTAYI,PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING SUB INSPECTOR,KOTTAYI POLICE STATION, IN CRIME NO.309/2010. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No. 6441 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 15th day of 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.309/2010 of Kottayi Police Station for offences punishable under Sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 4.5 litres of illicit arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter-alia that the petitioner is involved in yet another abkari offence in which also illicit arrack was seized from his possession. 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