IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Bail Appl..No. 5685 of 2010(E) ----------------------------------- (CR. NO. 40/2009 OF BADIADKA EXCISE RANGE, KASARAGOD DISTRICT) .......... PETITIONER(S)/ACCUSED ------------------------------ GIRIYAPPA POOJARI, AGED 56 YEARS, S/O.MANAPPA POOJARI, SHENI DESOM, MAIRE VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, (CR.NO.40/2009 OF BADIADKA EXCISE RANGE) KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No.5685 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 23rd day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R.No.40/2009 of Badiadka Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 200 bottles of IMFL and 30 litres of spirit, 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. dmb