IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 Bail Appl..No. 1963 of 2011() ----------------------------- O.R.NO.4/2011 OF KUTHUPARAMBA EXCISE RANGE AGAINST THE JUDGEMENT/ORDER IN BA.1497/2011 Dated 07/03/2011 CRMP.4/2011 of DISTRICT COURT, THALASSERY .................... PETITIONER/ACCUSED -------------------------------------- SANTHOSH MAROLI, S/O.VASU, AGED 42 YEARS, KARIMBANAPOIL HOUSE, KUTHUPARAMBA AMSOM, AMBILAD DESOM, THALASSERI TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S):/ COMPLAINANT ------------------------------------------------ EXCISE INSPECTOR, KUTHUPARAMBA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.1963 of 2011 ------------------------------------------------ Dated this the 17th day of March, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner, who is the sole accused in O.R. No.4/2011 of Kuthuparamba Excise Range for offences punishable under Sections 55(a) and 67(b) of the Abkari Act read with rule 9 of 26 of FL Rules, for allegedly having been found in possession of 133.200 liters of I.M.F.L, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter-alia that the petitioner is involved in two other abkari crimes. 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 Section 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. Dated this the 17th day of March, 2011. V.RAMKUMAR, JUDGE. dmb