IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 6170 of 2010() ------------------------- CMP.4706/2010 of J.M.F.C., HARIPAD CRIME NO. 393 OF 2010 OF THRIKKUNNAPPUZHA POLICE STATION .................... PETITIONER/ACCUSED ------------------ BABU, AGED 39, S/O. SHYAMALAN, KARITHARAYIL VEETTIL, NALLANICKAL MURI, ARATTUPUZHA VILLAGE. BY ADV. SRI.M.R.ARUN KUMAR SMT.BALABINDU N. RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 6170 of 2010 --------------------- DATED: 7th October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No. 393 of 2010 of Thrikkunnapuzha Police Station for an offence punishable under Sec. 55 (a) (i) of the Abkari Act, for allegedly having been found in possession of 4.5 litres of IMFL on 21-09-2010, seeks his enlargement on bail. Petitioner was arrested on 21-09- 2010. 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 B.A.No. 2