IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Bail Appl..No. 4626 of 2010() ----------------------------- CMP.3684/2010 of J.M.F.C.-II,NEDUMANGAD .................... (CR.NO.34/10 OF NEDUMANGADU EXCISE RANGE,THIRUVANANTHAPURAM DISTRICT) ........... PETITIONER/ACCUSED: --------------------------------------- BAIJU, S/O.THYAGARAJAN, SAMUDAYAPATTE PUTHEN VEEDU, SAMUDAYAPATTE DESOM, MURIYANKARA, PARASSSALA VILLAGE, NEYYATTINKARA TALUK FROM MALAVILA VEEDU, VILAVANKODE VILLAGE, VILAVANKODE TALUK, KANAYAKUMARY DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.SATHEESH KUMAR, SRI.K.S.PRAVEEN. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * Bail Application No.4626 of 2010 * * * * * * * * * * * * * * * * * DATED: 10th day of August, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R.No.34/2010 of Nedumangad Excise Range for offences punishable under secs. 55(a) and 67B of the Abkari Act for allegedly having been found in possession of 320 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. dmb