IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 5816 of 2010(F) ----------------------------------- (CMP.3323/2010 of J.M.F.C.,KATTAKADA CRIME NO.373/2010 OF MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT) .................... PETITIONEER(S): ACCUSED -------------------------------- SELVARAJ @ SUPER RAJU S/O.CHELLAPPAN, THOTTARIKATHU VEEDU NEDUMBARA, MARANALLOOR DESOM, MARANALLOOR VILLAGE BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No.5816 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 5th 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.373/2010 of Maranalloor Police Station for offences punishable under Sections 8(1) and 8 (2) of the Abkari Act for allegedly having been found in possession of three litres of arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contenting inter-alia that the petitioner is involved in five other cases of similar nature and that charge sheet has already been filed in the case. 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