IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Bail Appl..No. 7825 of 2010() ---------------------------------- CMP.6864/2010 of J.M.F.C.-I,TRIVANDRUM CRIME NO.58/2010 OF KAZHAKKUTTOM EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT .................... PETITIONERS/ACCUSED 1 & 3 ------------------------------------ 1. SANTHOSH KUMAR, S/O. THANKAPPAN PILAI, THIRUVONAM VEEDU, MANVILA CRP NAGAR, PANGAPPARA VILLAGE, THIRUVANANTHAPURAM. 2. SHIBU, S/O. THANKAPPAN, PARAVILA VEEDU, NEDUMAM DESOM, THIRUVALLOM VILLAGE,THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, EXCISE RANGE OFFICE KAZHAKKUTTOM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ----------------------------------------------- Bail Application No.7825 of 2010 ----------------------------------------------- Dated this the 03rd day of December, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioners who are accused Nos.1 & 3 in Crime No.58 of 2010 of Kazhakkuttom Excise Range, Thiruvananthapuram, for offences punishable under Sections 55(a), 58 & 12(1) of Abkari Act for allegedly having been found in possession of 90 litres of spirit and 20 litres of spurious liquor, seek their enlargement on bail. The petitioners were arrested on 26/10/2010. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners' contention that they have 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 their release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE skj