Salimnath @ Manian vs The Excise Preventive Officer on 8 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5299 of 2010()


1. SALIMNATH @ MANIAN, S/O.VIDHYADHARAN,
                      ...  Petitioner

                        Vs



1. THE EXCISE PREVENTIVE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.K.R.SUNIL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/09/2010

 O R D E R
                          V. RAMKUMAR, J.
                       * * * * * * * * * * * * * *
              Bail Application No. 5299 of 2010
                * * * * * * * * * * * * * * * * * * * *
            DATED: 8th day of September, 2010

                              O R D E R

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

who is the 2nd accused in Crime No.67/2010 of Karunagappilly

Excise Range for an offence punishable under Section 55(a) of

the Abkari Act for allegedly having been found in possession

of 864 litres of spirit, 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.

dmb