IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Bail Appl..No. 7403 of 2010(C) ------------------------------------------ [CRIME NO.324/2010 OF EXCISE RANGE OFFICE, THALASSERY] .............. PETITIONER/ACCUSED: ---------------------------------- DINESHAN.P.P., S/O.CHATHU, AGED 29 YEARS, PUTHUKKOTTUPARAMBATH HOUSE, NADAPURAM AMSOM, KAKKATTIL DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.A.MOHAMED MUSTAQUE, SRI.U.P. BALAKRISHNAN. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. THE EXCISE INSPECTOR, THALASSERY (CRIME NO.324/2010), PIN.670 101. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------ Bail Application No. 7403 of 2010 ----------------------------------------- DATED: 19th day of November, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.324/2010 of Thalassery Excise Range for offences punishable under Sections 55(a) and 67(B) of the Abkari Act I of 1077 read with 9 and 126 of the Kerala Foreign Liquor Rule 1953 for allegedly having been found in possession of 106 litres of I.M.F.L, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the 59 bottles of I.M.F.L having a total quantity of 106 litres were transported from Mahe and exclusively meant for sale in Pondicherry. At Chokly, the vehicle in which the contraband liquor was transported hit and injured the excise officials. The petitioner is also involved in yet another Abkari case. 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