IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Bail Appl..No. 4683 of 2010() ----------------------------- CRIME NO.432/2010 OF KUMBALA POLICE STATION CMP.5268/2010 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- IQBAL.C.A @ MUHAMMED IQBAL,AGED 35/2010, S/O.AHMAD, NAFEESA MANZIL,KEEZHOOR,KALANAD 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 STATION HOUSE OFFICER, (CRIME NO.432 OF 2010 OF KUMBALA POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.4683 of 2010 --------------------- DATED: 30.08.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No.432 of 2010 of Kumbala Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 843 litres of IMFL 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. sj