IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Bail Appl..No. 4360 of 2011() ------------------------------- CRIME NO.51/2010 OF KATTAKADA EXCISE RANGE CMP.1944/2011 of J.M.F.C.,KATTAKADA .................... PETITIONER/ACCUSED --------------------------- LIBINKUMAR @ KILIYAN, S/O. THOMSLY, KATTAKADA PANCHAYATH, VII-344TH NUMBER, KOLLAMKONAM, AMACHAL DESOM, KULATHUMMAL VILLAGE, NEYYATTINKARA. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.M.PRAVEEN KUMAR RESPONDENT(S): STATE --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.4360 of 2011 --------------------- DATED: 20.06.2011 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.51/2010 of Kattakada Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 2.5 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 Abkari case in which also the contraband substance is arrack. 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