P.M.Sivakumar vs State Of Kerala on 31 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5077 of 2010()


1. P.M.SIVAKUMAR, S/O. MANI,
                      ...  Petitioner
2. RENISH, S/O. BASHEER,

                        Vs



1. STATE OF KERALA, THGOUGH EXCISE
                       ...       Respondent

                For Petitioner  :SRI.SOORAJ T.ELENJICKAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :31/08/2010

 O R D E R
                         V.RAMKUMAR, J.
              ----------------------------------------------
               Bail Application No.5077 of 2010
             ------------------------------------------------
           Dated this the 31st day of August, 2010

                                ORDER

In this petition filed under Section 439 Cr.P.C. the

petitioners who are accused Nos.4 & 5 in Crime No.27/2010 of

Kollengode Excise Range for offences punishable under

Sections 55(a) & 55(D) of the Kerala Abkari Act for allegedly

having been found in possession of 1184 litres of spirit, seek

their enlargement on bail.

2. The learned Public Prosecutor opposed the

application.

3. It is too early to accept the petitioners’ contention

that they have been falsely implicated in the case. Moreover,

I am not satisfied that both the grounds enumerated under

Section 41A (b)(ii) of the Abkari Act are present in this case so

as to justify their release on bail.

With the above observation this Application is dismissed.

V.RAMKUMAR, JUDGE

skj