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. 7365 of 2010() ---------------------------------------- ( CRIME NO. 35/2010 OF THALASSERY EXCISE RANGE OFFICE KANNUR DISTRICT) ------------------- PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. SATHYAN.K.V., AGED 32 YEARS, S/O.K.V.SREEDHARAN, BATHERYKUNNU VEEDU, P.O.KOTTAYAM MALABAR, THALASSERY. 2. P.C.SABIN LAL, AGED 29 YEARS, S/O.M.BALAN, ORAVAKUNNUVEETTIL, P.O.KOTTAYAM MALABAR, THALASSERY TALUK. BY ADVS. SRI.V.V.ASOKAN SRI. RAMACHANDRAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, (EXCISE INSPECTOR, THALASSERY RANGE OFFICE), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHIWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ---------------------- Bail Application No.7365 of 2010 --------------------- Dated this the 19 th day of November, 2010. O R D E R In this Petition filed under Sec. 439 Cr.P.C. petitioners who are accused Nos. 1 and 2 in C.R No.35 of 2010 of Thalassery Excise Range for an offence punishable under section 55(a) and 67(B) of the Abkari Act for allegedly having been found in possession of 115 litres of Indian made foreign liquor seek their enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners' contention that they have 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 their release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. rv