IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3286 of 2008() ----------------------------- AGAINST THE ORDER DATED 07/05/2008 IN CMP.2623/2008 IN CP 112/2008 of J.M.F.C-I,KASARAGOD .................... PETITIONER/ACCUSED ----------------------------------- MOILARICH @ ABDULRAHIMAN, S/O.YUSAF, AGED 37 YEARS, RAFAYI MANZIL, H.NO.VI-314 OF VORKADY GRAMA PANCHAYATH, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: COMPLAINANTS ------------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 3286 of 2008 ==================== Dated this the 22nd day of May, 2008. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.23 of 2000 of Kasaragod Excise Range for offences punishable under sections 55(a) and 64(a) of the Abkari Act for allegedly having been found in possession of 6000 packets each containing 100 ml of arrack and 35 liters 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. rv