IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Bail Appl..No. 7094 of 2010(B) ------------------------------------ (CRIME NO. 373/2010 OF BADIADKA EXCISE RANGE, KASARGOD DISTRICT) ............... PETITIONER/ACCUSED --------------------------- D.GOPALAN,S/O.MADHARAM AGED 54 YEARS, MARPPANADUKKA HOUSE, KUMBADAJE GRAMAM, BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH SMT.C.J.AJITHA RESPONDENT(S): STATE ----------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------ Bail Application No. 7094 of 2010 ----------------------------------------- DATED: 9th day of November, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.373/2010 of Badiadka Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 35 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