IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Bail Appl..No. 4509 of 2010() ----------------------------- CMP.1153/2010 of J.M.F.C.,KATTAKADA CRIME NO.18/2010 OF EXCISE RANGE, KATTAKADA .................... PETITIONER ------------------------------ THANKOMONY, D/O.SEELAVATHY, VADAKKUMPARA PUTHEN VEEDU, KUNNAMPARA KANIYAMKONAM, MARUKIL DESOM, MALAYINKIL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTORMR.V.TEKCHAND THIS BAIL APPLICATION HAVING COEM UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.4509 of 2010 --------------------- DATED: 2nd day of August, 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.18/2010 of Excise Range, Kattakada for an offence punishable under Section 8(1) and 8 (2) of the Abkari Act for allegedly having been found in possession of 3 liters 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