IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 5077 of 2010() ----------------------------- CMP.6535/2010 of J.M.F.C.,CHITTUR .................... (CR.NO.27/2010 OF EXCISE RANGE, KOLLENGODE,PALAKKAD DISTRICT) .... PETITIONERS/ACCUSED NOS.4 & 5: --------------------------------------------------------- 1. P.M.SIVAKUMAR, S/O. MANI, DOOR NO. 1773, THADAKAM ROAD, VELANDIPALAYAM, COIMBATORE. 2. RENISH, S/O. BASHEER, PADUVINKAL HOUSE, PULIPARAMBU, OLLUKKARA, MANNUTHY, THRISSUR. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, THGOUGH EXCISE INSPECTOR, KOLLENGODE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KsS V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5077 of 2010 ------------------------------------------------ Dated this the 31st day of August, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.4 & 5 in Crime No.27/2010 of Kollengode Excise Range for offences punishable under Sections 55(a) & 55(D) of the Kerala Abkari Act for allegedly having been found in possession of 1184 litres of spirit, 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 Section 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 skj