IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Bail Appl..No. 2325 of 2011() ----------------------------- CMP.1201/2011 of J.M.F.C-I., HARIPAD CRIME NO. 72/2010 of KARTHIKAPALLY EXCISE RANGE, ALAPPUZHA .................... PETITIONER/ACCUSED:- ----------------------------- PRASAD, S/O.SREEDHARAN, MEENATTUPARAMBIL, THAMALLACKAL THEKKU MURI, KUMARAPURAM VILLAGE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. V. MANU, PUBLIC PROSECUTOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- B.A. No. 2325 of 2011 --------------------- Dated this the 4th day of April, 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.72 of 2010 of Karthikappally Excise Range, Alappuzha for an offence punishable under sec. 55(g) of the Abkari Act for allegedly having been found in possession of 105 litres of wash, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in four other cases of same nature and has been convicted in one case. 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. B.A. No. 2563/2011 : 2: