High Court Kerala High Court

Chandrahasa vs State Of Kerala on 24 September, 2010

Kerala High Court
Chandrahasa vs State Of Kerala on 24 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5751 of 2010()


1. CHANDRAHASA, AGED 37 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/09/2010

 O R D E R
                           V. RAMKUMAR, J.
                      ----------------------
                  Bail Application No.5751 of 2010
                       ---------------------
                          DATED: 24.09.2010

                               O R D E R

In this Petition filed under Sec. 439 Cr.P.C., the petitioner who

is the accused in C.R. No.22/2003 of Kumbla Excise Range for an

offence punishable under Sec.55(a) of the Abkari Act for allegedly

having been found in possession of 13 bottles of IMFL, seeks his

enlargement on bail.

2. The learned Public Prosecutor opposed the application

contending, inter alia, that the petitioner was found in possession of

13 bottles of IMFL in the year 2003 and he was arrested on

6.8.2010, after long 7 years and that one more case is pending

against the petitioner in which the case against the petitioner is

transferred to the Long Pending Register.

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