IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3268 of 2008() ----------------------------- CRMP.3587/2008 of J.M.F.C.-I, PUNALUR CRIME NO. 140/2008 of THENMALA POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- ANILKUMAR @ KUTTAI, S/O.SIVANANDAN, KOCHUTHUNDIL VEEDU, ROAD PURAMPOKE, URUKUNNU MURI,THENMALA VILLAGE. BY ADV. SRI.R.ARUN RAJ RESPONDENTS: RESPONDENT/COMPLAINANT -------------------------------------------------- STATE OF KERALA , REP. BY SUB INSPECTOR OF POLICE,THENMALA POLICE STATION, CRIME NO.140/2008, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 3268 of 2008 ==================== Dated this the 22nd day of May, 2008. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No. 140 of 2008 of Thenmala Police Station for offences punishable under sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 16 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. rv