IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Bail Appl..No. 7754 of 2010() ---------------------------------------- CRIME NO.916/2010 OF MUNNAR POLCIE STATION. ........ PETITIONER/2ND ACCUSED: ------------------------------------------- PRABHAKARAN, S/O.PONNUPILLA, WEST DN., NYMAKAD ESTATE, MUNNAR, K.D.H.VILLAGE. BY ADV. SRI.K.A.AUGUSTINE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MUNNAR, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. --------------------------------------------------- Bail Application No.7754 of 2010 --------------------------------------------------- Dated this the 13th day of December, 2010 O R D E R In this Petition filed under Sec.439 Cr.P.C. the petitioner who is accused No.2 in Crime No.916 of 2010 of Munnar Police Station for an offence punishable under Section 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 105 litres of spirit, seeks his enlargement on bail. The petitioner was surrendered on 16/11/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is altogether involved in five abkari crimes. 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