IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Bail Appl..No. 2753 of 2011() ----------------------------- CMP.929/2011 of J.M.F.C., PATTAMBI CRIME NO.15/2011 OF PATTAMBI EXCISE RANGE .................... PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. CHERIYA NARAYANAN ALIAS NARAYANAN, S/O.NOTTAN, KODOLIL VEEDU, NEDUNGOTTOOR DESOM, THIRUVEGAPPURA VILLAGE, OTTAPALAM TALUK. 2. PRADHEESH, AGED 22 YEARS, S/O.CHERIYA NARAYANAN ALIAS NARAYANAN, -D- -DO- BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR, PATTAMBI EXCISE RANGE, PATTAMBI-679303, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.2753 of 2011 ----------------------------------------------------- Dated this the 8th day of April, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1 & 2 in Crime No.15 of 2011 of Pattambi Excise Range for offences punishable under Sections 55(b), 55(g), 8(1) & 8(2) of the Abkari Act for allegedly having been found in possession of 40 litres of wash and 9 litres of arrack, seek their enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioners were found distilling with the balance 40 litres of wash and were found in 9 litres of arrack and brewing apparatus. 3. It is too early to accept the petitioners' contention that they have 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 their release on bail. With the above observation this Application is dismissed. Dated this the 8th day of April, 2011. V.RAMKUMAR, JUDGE. skj