IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Bail Appl..No. 8265 of 2010() ----------------------------- CMP.6240/2010 of J.M.F.C.,VADAKARA .................... (CRIME NO.208/10 OF EDACHERI POLICE STATION, KOZHIKODE DISTRICT) ...... PETITIONER:ACCUSED: ------------------------------------ RAJAN PUTHIYITTAM THAZHAKUNI, S/O.KRISHNAN,AGED 49 YEARS,ORKATTERI PO, VATAKARA,KOZHIKODE. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8265 of 2010 ----------------------------------------------------- Dated this the 21st day of December, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.208 of 2010 of Edacheri Police Station for an offence punishable under Sec.55(i) of Abkari Act for allegedly having been found in possession of 750 ml. of Indian Made Foreign Liquor, seeks his enlargement on bail. The petitioner was arrested on 04/12/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is involved in four other abkari offences. 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 skj