IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Bail Appl..No. 5098 of 2010() --------------------------------------- CMP.4601/2010 of J.M.F.C.-II,ATTINGAL CRIME NO.42/2010 OF KAZHAKKOOTTAM EXCISE RANGE. .................... PETITIOENR (S): ACCUSED ( IN CUSTODY) -------------------------------------------------------------- VELAYUDHAN, S/O.AYYAPPAN KOCHUMADAVILAKOM VEEDU, PETTA, VANCHIYOOR VILLAGE BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE ASSISTANT EXCISE COMMISSIONER THIRUVANANTHAPURAM THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ---------------------- Bail Application No. 5098 of 2010 ---------------------------------------- Dated this the 6th day of September, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the 3rd accused in Crime No. 42/2010 of Kazhakkoottam Excise Range for offences punishable under sections 55(i), 58, 12(1) and 12(c) of the Abkari Act for allegedly having been found in possession of 1721 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. ln