IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Bail Appl..No. 5299 of 2010(B) ----------------------------------- (CRIME NO. 67/2010 OF KARUNAGAPPILLY EXCISE RANGE) PETITIONER(S): 2ND ACCUSED ------------------------------------- SALIMNATH @ MANIAN, S/O.VIDHYADHARAN, AGED 38, KALLOORNILAKKAL HOUSE, SHOORANADU P.O., KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): COMPLAINANT -------------------------------------- THE EXCISE PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE, KARUNAGAPPILLY EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * Bail Application No. 5299 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 8th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No.67/2010 of Karunagappilly Excise Range for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 864 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