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. 7538 of 2010() ---------------------------------- (CRIME NO. 281/2009 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, U/S 55(a) 7 (i) OF ABKARI ACT OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEYYATTINKARA) ......... PETITIONER/A4 -------------------- BINU, AGE 22, S/O.NESAN, KIZHAKINAKOM PUTHUVAL PUTHEN VEEDU, ULLOORKONAM, UCHAKKADA P.O., KULATHOOR VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ---------------------- Bail Application No. 7538 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 4th accused in Crime No.281 of 009 of Poovar Police Station for an offence punishable under sections 55(a) and (i) of the Abkari Act for allegedly having been found in possession of 495 litres of spirit seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in 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. rv