IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Bail Appl..No. 3089 of 2011() ---------------------------------- CMP.816/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PEERUMEDU CR. NO.10/11 OF PEERMADE EXCHANGE RANGE OFFICE, IDUKKI DISTRICT .................... PETITIONER/ACCUSED --------------------------- RAJAPPAN, S/O. VIJAYAN, PANATHOTTATHIL VEEDU, KANNAMPADY PUNNAPARA KARA, UPPUTHARA VILLAGE, PEERMADE TALUK. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PEERMADE EXCHANGE RANGE OFFICE, IDUKKI DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3089 of 2011 ------------------------------------------------ Dated this the 3rd day of May, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in C.R.No.10 of 2011 of Peermade Excise Range for offences punishable under Sections 55(g) (i) of the Kerala Abkari Act I of 1077 and Sections 8(1) & 2 of Kerala Abkari Amendment Act, 1996, for allegedly having been found in possession of 125 litres of Koda and 5 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 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 3rd day of May, 2011. V.RAMKUMAR, JUDGE. skj