IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Bail Appl..No. 1494 of 2008() ----------------------------- CRIME NO.40/2008 OF KUMBLA POLICE STATION PETITINERS/ACCUSED NOS.1,3 & 2: -------------------------------------------------------------- 1. ABDULRAHIMAN, S/O. MAMMED, PUKKATTA HOUSE, BAMBRANA GRAMAM, KASARAGOD. 2. SHIVAPRASAD, S/O. SUBBAYYA, KODIYAMMA, KASARAGOD. 3. NARAYANAN, S/O. MALINKA, MADHAVAPAI COMPOUND, KUMBLA, KOIPPADY GRAMAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT: ------------------------------------------------------ THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 1494 of 2008 -------------------------------- DATED: 14.03.08 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos.1 to 3 in Crime No.40 of 2008 of Kumbla Police Station for an offence punishable under section 8(2) of the Abkari Act for allegedly having been found in possession of 7400 packets of arrack seek enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners' contention that they have 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 their release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. sj