IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Bail Appl..No. 4265 of 2010() ----------------------------- CMP.5514/2010 of J.M.F.C.-I,NEYYATINKARA .................... (CRIME NO.32/2010 OF NEYYATINKARA EXCISE RANGE) PETITIONER/ACCUSED; -------------------------------------- RAGHAVAN, S/O. DASAN NADAR, R.V.BHAVAN, THORANAM THALAYCKAL, MARUTHATHOOR DESOM, NEYYATTINKARA. BY ADVS. SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 32/2010 OF NEYYATTINKRA EXCISE RANGE, THIRUVANANTHAPURAM.) BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No.4265 of 2010 * * * * * * * * * * * * * * * * * DATED: 10th day of August, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.32/2010 of Neyyatinkara Excise Range for offences punishable under secs. 8(1) and (2) and 55(g) of the Abkari Act for allegedly having been found in possession of 250 liters of wash and 2 liters of arrack, 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