IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Bail Appl..No. 6668 of 2010() ----------------------------- CRIME NO.41/2010 OF BALUSSERY EXCISE, KOZHIKODE .................... PETITIONER ------------------------------ ASOKAN,AGED 48 YEARS, S/O.KUNHIRAMAN,THALAKKOTTU MEETHAL HOUSE, BALUSSERY AMSOM KANHIKKAVU DESOM,KOZHIKODE. BY ADV. SRI.A.RANJITH NARAYANAN RESPONDENT(S): ------------------------ STATE OF KERALA,REP.BY EXCISE INSPECTOR BALUSSERY EXCISE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No. 6668 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 22nd day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.41/2010 of Balussery Excise Range for an offence punishable under Section 55(i) of the Abkari Act for allegedly having been found in possession of 2.6 litres of Indian Made Foreign Liquor, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter-alia that the petitioner is a previous convict in an abkari case of the year 2005 and he is involved in yet 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. dmb