IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Bail Appl..No. 1560 of 2008() ----------------------------- CMP.1207/2008 of J.M.F.C.-I,NEDUMANGAD .................... : PETITIONER/2ND ACCUSED: ---------------------------------------- SHIBU @ VELUTHA SHIBU, S/O. CHANDRAMOHANAN, SREEVALSAM VEEDU, THONDAMKULAM, KOTTAKKAKAM, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1560 of 2008 -------------------------------- DATED: 13-03-2008 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in C.R. No.79 of 2007 of Aryanad Excise Range for offences punishable under Secs. 8(1), (2), rr(b) and 55 (g) of the Abkari Act for allegedly having been found in possession of 25 litres of wash and 35 litres of arrack on 12-2- 2008, 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. ani