IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Bail Appl..No. 7929 of 2010() ----------------------------------------- CR. NO.78/2010 OF ARYANADU EXCISE RANGE, THIRUVANANTHAPURAM ..................... PETITIONER/ACCUSED: ------------------------------------ SUMESH @ SIDDU, S/O.SUKUMARAN RESIDING AT LAKSHOM VEEDU COLONY NO.A.P.XIV/262 MANKODE, KOTTAKKAKOM MURI, ARYANADU VILLAGE NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN, SRI.K. SATHEESH KUMAR, SRI.K.S. PRAVEEN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEK CHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.7929 of 2010 ----------------------------------------------------- Dated this the 10th day of December, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.78 of 2010 of Aryanadu Excise Range for an offence punishable under Sec.8(1) & (2) of the Abkari Act for allegedly having been found in possession of 17 litres of arrack, seeks his enlargement on bail. The petitioner was arrested on 12/11/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in yet another abkari crime involved in arrack. 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 skj