IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 Bail Appl..No. 3433 of 2011() ----------------------------- CMP.1233/2011 of J.M.F.C.,KATTAKADA CRIME NO. 18/2011 OF KATTAKADA EXCISE RANGE .................... PETITIONER/ACCUSED:- ---------------------------- ANILKUMAR, S/O. THOMSON, EDAVILAKATHU VEEDU, PALOTTUKONAM, VELLAPALLI, PALLICHAL DESOM, PALLICHAL VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS/COMPLAINANT:- ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, KATTAKADA EXCISE RANGE, THIRUVANANTHAPURAM. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- B.A. No. 3433 of 2011 --------------------- Dated this the 23rd day of May, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.18 of 2011 of Kattakada Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 33 litres of 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. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.