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. 3273 of 2008() ----------------------------- CRMP.3446/2008 of J.M.F.C.-I, PUNALUR CRIME NO. 30/2008 of PATHANAPURAM EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- SABU,S/O.JOHN, PUTTIMOOTTILVEEDU, ANDOORPACHA MURI, THENMALA VILLAGE. BY ADV. SRI.R.ARUN RAJ RESPONDENTS: RESPONDENT/COMPLAINANT -------------------------------------------------- STATE OF KERALA, REP.BY INSPECTOR OF EXCISE, PATHANAPURAM EXCISE RANGE,(CRIME NO.30/2008) REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, 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. 3273 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.30 of 2008 of Pathanapuram Excise Range for offences punishable under Sections 8(1) and (2) and Section 67(B) of the Abkari Act for allegedly having been found in possession of 30 liters of arrack 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