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. 3264 of 2008() ----------------------------- CMP.2654/2008 of J.M.F.C-I,KASARAGOD CRIME NO. 142/2008 of MANJESHWAR POLICE STATION .................... PETITIONER/2ND ACCUSED --------------------------------------- LATHAN TALIA, S/O.BALTHU TALIA, MATTUGUDDE HOUSE,KOLIYOOR GRAMAM, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: RESPONDENTS/COMPLAINANT/STATE ------------------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION 2. STATE REP. BY 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. 3264 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 1st accused in Crime No.142 of 2008 of Manjeshwar Police Station for offences punishable under sections 55(a) and 55(g) of the Abkari Act for allegedly having been found in possession of 7500 packets each of 100 ml. Karnataka made arrack along with the packing materials and other utensils underneath the house of the petitioner for storing 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