IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Bail Appl..No. 4577 of 2011() ----------------------------- CMP.4289/2011 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.670/2011 OF OACHIRA POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 --------------------------- 1. RATHEESH, (ACUSED NO.1), S/O.REVI, AGED 30 YEARS, KAROOR VEEDU, CLAPPANA NORTH MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. 2. RAJENDRAN, (ACCUSED NO.2), S/O.MADHAVAN, AGED 30 YEARS, PUTHENPURAYIL VEEDU, CLAPPANA NORTH MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.P.V.VENUGOPAL RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, OACHIRA. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4577 of 2011 ------------------------------------------------ Dated this the 16th day of June, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1 & 2 in Crime No.670 of 2011 of Oachira Police Station for an offence punishable under Section 55(a) & (i) of the Abkari Act for allegedly having been found in possession of 20.250 litres of Indian Made Foreign Liquor, seek their enlargement on bail. 2. The learned Public Prosecutor opposed the application. 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 16th day of June, 2011. V.RAMKUMAR, JUDGE. skj