IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Bail Appl..No. 5649 of 2010() ----------------------------------------- (CRIME NO.41/2010 OF KASARAGOD EXCISE RANGE) PETITIONERS/ACCUSED: --------------------------------------- 1. M.HASHIM, S/O.MUHAMMED, MUNDANGAL HOUSE, BEVINJA, THEKKIL VILLAGE, KASARAGOD. 2. ABDUL MAJID, S/O.LATE KUNHAMBU, DESIYATH VEEDU, BERKKA, CHENGAL VILLAGE. BY ADVS. SRI.M.SASINDRAN, SRI.JOHNY THOMAS. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KASARGOD EXCISE RANGE. (CRIME NO.41 OF 2010), KASARAGOD DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.5649 of 2010 - - - - - - - - - - - - - - - - DATED: 22nd day of September, 2010 O R D E R Petitioners, who are accused Nos.1 and 2 in Crime No.41/2010 of Kasaragod Excise Range for offences punishable under Sections 55(a), 58 and 64 A of the Abkari Act, for having been found in possession of 330.3 liters of IMFL on 6.8.2010, seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. I am not satisfied that both the grounds enumerated under Clause (b)(ii) of Sec. 41 A of the Abkari Act are present in this case so as to justify the release of the petitioners on bail. This Application is accordingly dismissed. V.RAMKUMAR, JUDGE. dmb