IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Bail Appl..No. 7516 of 2010() -------------------------------------- CRIME NO.373/2010 OF BADIADKA EXCISE RANGE, KASARAGOD DISTRICT. ........... PETITIONER/ACCUSED -------------------------------------- D.GOPALAN, S/O.MADHARAM, AGED 54 YEARS, MARPPANDUKKA HOUSE, KUMBADAJE GRAMAM. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): STATE ------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ---------------------- Bail Application No. 7516 of 2010 --------------------- Dated this the 25th day of November, 2010. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.373 of 2010 of Badiadka Excise Range for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 35 litres of spirit 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