IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Bail Appl..No. 8198 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7662/2010 Dated 30/11/2010 CMP.12173/2010 of J.M.F.C., KARUNAGAPPALLY .................... (CRIME NO.1741/2010 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT) ... PETITIONER/ACCUSED NO.3: ------------------------------------------- MARTIN PAULOSE, S/O.BABY, AGED 35 YEARS, VELLAMKANDATHIL VEEDU, KANJIKUZHI MURI, KAVALANGADU MURI, KOTHAMANGALAM VILLAGE. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE S.H.O., KARUNAGAPPALLY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8198 of 2010 ----------------------------------------------------- Dated this the 21st day of December, 2010 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is accused No.3 in Crime No.1741 of 2010 of Karunagappally Police Station for offences punishable under Sections 55(a) & 55(i) of the Abkari Act for allegedly having been found in possession of 1000 litres of spirit, seeks his enlargement on bail. The petitioner was arrested on 03/11/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in three other spirit cases. 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