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.
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Bail Application No.5751 of 2010
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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