IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Bail Appl..No. 7883 of 2010() ----------------------------- CRIME NO.401/2010 OF ADHUR POLICE STATION CMP.7841/2010 of J.M.F.C.,KASARAGOD .................... PETITIONER ------------------------------ RADHARAO K @ OBBI, S/O.DAKKOJI RAO, KUNTAR, ADHUR VILLAGE KASARAGOD TALUK & DISTRICT BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT: --------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CRIME NO.401/2010 OF ADHUR POLICE STATION, KASARAGOD DIST) PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ----------------------------------------------------- Bail Application No.7883 of 2010 ------------------------------------------------------ Dated this the 06th 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.401 of 2010 of Adhur Police Station for an offence punishable under Section 8(2) of the Abkari Act for allegedly having been found in possession of 60.480 litres of Indian Made Foreign Liquor, seeks his enlargement on bail. The petitioner was arrested on 06/11/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that apart from the fact that the petitioner was carrying 336 bottles each of 180 ml of Indian Made Foreign Liquor which was exclusively meant for sale in Karnataka, he is also involved in another murder case. 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