IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Bail Appl..No. 5366 of 2010(C) ----------------------------------- (CRIME NO.51/2009 OF KONNY EXCISE RANGE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PATHANAMTHITTA.) ........... PETITIONER (S)/ACCUSED -------------------------------- SURESH, S/O.BHASKARAN NAIR, PUNNALATHU PUTHEN VEEDU, VAZHAMUTTOM EAST, OMALLUR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADVS. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No.5366 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 14th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R.No.51/2009 of Konny Excise Range for offences punishable under Sections 8(1) (2), 55(a) and 58 of the Abkari Act for allegedly having been found in possession of 245 litres of arrack and 15 litres of spirit, 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. dmb