IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 6125 of 2010() --------------------------- CMP.4030/2010 OF JUDL. FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM CRIME NO. 65/2010 OF KOTHAMANGALAM EXCISE RANGE ................... PETITIONER / ACCUSED NO.1 & 2 : ----------------------------------------------- 1. LIBIN ABRAHAM, AGED 25 YEARS, S/O.THANKACHAN, AATTUVAYIL HOUSE, KANJAKARI DESOM, KANJAKARI VILLAGE, KOTTAYAM. 2. SUNNY, AGED 35 YEARS, S/O.GEORGE, AKKEKUNNEL HOUSE, ETTUMANNOOR KIZHAKKUMBHAGOM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT / COMPLAINANT -------------------------------------------- THE EXCISE INSPECTOR, KOTHAMANGALAM EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ---------------------- Bail Application No. 6125 of 2010 --------------------- DATED: 4-10-2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are the accused in C.R. No. 65 of 2010 of Kothamangalam Excise Range, Ernakulam for offences punishable under Sections 55 (a) & (i) and 58 of the Abkari Act for allegedly having been found in possession of 171 litres of Indian Made Foreign Liquor, seeks their enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners contention that they have 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 their release on bail. 4. With the above observation this Application is dismissed. Dated this the 4th day of October, 2010. V.RAMKUMAR, JUDGE. Bail Application No. 6125 of 2010 -:2:- ani