IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Bail Appl..No. 6977 of 2010() ----------------------------- (CRIME NO. 309/2010 OF KOTTAYIL POLICE STATION, PALAKKAD DISTRICT) .......... PETITIONER/ACCUSED --------------------------- KANDAMUTHAN @ RAJAN, S/O.VELAYUDHAN, AGED 46 YEARS, MUTHANPARAMBU, PAULLINELLY. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR, KOTTAYI POLICE STATION IN CRIME NO.309/2010. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ------------------------------ Bail Application No. 6977 of 2010 ----------------------------------------- DATED: 4th day of November, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.309/2010 of Kottayi Police Station for an offence punishable under Section 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 4.5 litres 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