IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 Bail Appl..No. 5093 of 2010() ----------------------------- (CRIME NO.752/2010 OF PARASSALA POLICE STATION) CMP.5837/2010 of J.M.F.C.-II,NEYYATTINKARA .................... : PETITIONER/ACCUSED -------------------------------------- BINU, S/O. SUKUMARAN, PERUMPOTTUKONAM KALKULANGARA VEEDU, NEDOORKOLLA DESOM, KOLLAYIL VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5093 of 2010 ------------------------------------------------ Dated this the 2nd day of September, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.752/2010 of Parassala Police Station for offences punishable under Sections 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 7.75 litres of foreign liquor, 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 Section 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 skj