IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Bail Appl..No. 4937 of 2010(B) ----------------------------------- (CRIME NO. 40/09 OF EXICE RANGE ARAYANADU, THIRUVANANTHAPURAM DISTRICT) ....... PETITIONER (S)/2ND ACCUSED ------------------------------------- SUDARSANAN, S/O. SREEDHARA PANICKER, CHAPPATHU, ROADARIKATHU VEEDU, UTHARMCODE, KOTTOOR P.O. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S): ------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No. 4937 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 14th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No.40/2009 of Aryanadu Excise Range for offences punishable under Sections 8(1) 8(2) and 55(8) of the Abkari Act for allegedly having been found in possession of 450 litres of wash and 10 litres 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