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. 3312 of 2011() ------------------------------------------- (CR.NO.5/2011 OF KUZHALMANNAM EXCISE RANGE, PALAKKAD DISTRICT) .... PETITIONER (S): ACCUSED: ------------------------------------------ MURALI,AGED 25 YEARS,S/O.KUPPAYI,MODEM PARAMBU VEEDU,MODEM PARAMBI DESOM,ERIMAYOOR NO.II VILLAGE, ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR,KUZHALMANNAM EXCISE RANGE, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ---------------------- Bail Application No.3312 of 2011 --------------------- DATED: 03.05.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R. No.5/2011of Kuzhalmannam Excise Range for an offence punishable under sec.8(2) of the Abkari Act for allegedly having been found in possession of 6 litres of arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the petitioner is involved in yet another crime of similar nature. 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. sj