IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Bail Appl..No. 3179 of 2008() ----------------------------- CMP.2145/2008 of J.M.F.C.-II,NEDUMANGAD CRIME NO.45/2008 IF VITHURA POLICE STATION PETITIONER --------------------------- MANIKANTAN S/O. JANARDANAN, GOPIKA BHAVAN, KOCHANAPPARA, KOTTAKKAKOM MURI, VITHURA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.3179 of 2008 =============================== DATED: 21.05.2008 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.45 of 2008 of Vithura Police Station for an offence punishable under secs. 8(1), 55(b) & (f) of the Abkari Act for allegedly having been found in possession of 70 litres 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. sj