IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Bail Appl..No. 7483 of 2010() ----------------------------------------- CR. NO.4/2010 OF AMARAVILA EXCISE RANGE. ................... PETITIONER/2ND ACCUSED ------------------------------------------ ANEESH SEBASTIAN, S/O.JOSE, MATHALIKUNNEL HOUSE, KANIYAMPATTA MURI, VYTHIRI TALUK, WYNAD DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE --------------------------------------------------------- 1. THE EXCISE INSPECTOR, AMARAVILA EXCISE RANGE, AMARAVILA POST-695 122. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ---------------------- Bail Application No.7483 of 2010 --------------------- DATED: 22.11.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the 2nd accused in C.R. No.4/2010 of Amaravila Excise Range for offences punishable under Sections 55(a), 58 and 67B of the Abkari Act for allegedly having been found in possession of 8085 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. Dated this the 22nd day of November, 2010. V.RAMKUMAR, JUDGE. sj