IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Bail Appl..No. 8753 of 2010() -------------------------------------- CRIME NO.251/2010 OF EDACHERI POLICE , KOZHIKODE DISTRICT. ......... PETITIONER (S): ------------------------ RAJAN PUTHIYITTAM THAZHAKUNI, S/O.KRISHNAN, AGED 49 YEARS, ORKATTERI P.O., VATAKARA, KOZHIKODE. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. --------------------------------------------------- Bail Application No.8753 of 2010 --------------------------------------------------- Dated this the 7th day of January, 2011 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.251 of 2010 of Edacheri Police Station for an offence punishable under Section 55 (a) of the Abkari Act for allegedly having been found in possession of 17.5 litres of Indian Made Foreign Liquor, seeks his enlargement on bail. The petitioner was arrested on 04/12/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is involved in two other abkari crimes besides the fact that he has been convicted in another abkari 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