IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Bail Appl..No. 6286 of 2010() ------------------------------------------- CMP.NO.5476/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDAM. ......................... (CR.NO.5/2009 OF EXCISE RANGE OFFICE,UDUMBANCHOLA,IDUKKI DIST.) .... PETITIONER: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.5/2009 EXCISE RANGE OFFICE, UDUMBANCHOLA, IDUKKI DISTRICT). BY PUBILC PROSECUTORSRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ............................................... Bail Application No. 6286 of 2010 ................................................ DATED: 11-10-2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No. 5 of 2009 of Excise Range Office, Udumbanchola, Idukki District, for offences punishable under Sections 8 (1) and (2) of the Kerala abkari Act for having been found in possession of 17 litres of arrack, seeks his enlargement on bail. Petitioner was arrested on 6-10-2010. 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. ani