IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Bail Appl..No. 2096 of 2011() ----------------------------- C.R. NO. 5/2011 of THANKAMANI EXCISE RANGE PETITIONER/ACCUSED:- ---------------------------- JOHNEY, AGED 46 YEARS, S/O.KUNJEPPU, PEEDIYANICKAL HOUSE, PARATHODE KARA, KONNATHADI VILLAGE. BY ADV. SRI.JOY C. PAUL DR.ABRAHAM P.MEACHINKARA RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE RANGSE INSPECTOR, THANKAMANI THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- B.A. No. 2096 of 2011 --------------------- Dated this the 22nd day of March, 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 of 2011 of Thankamani Excise Range for offences punishable under Sections 55(a) and (i) of the Abkari Act for allegedly having been found in possession of 5.625 litres of Indian made foreign liquor, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application. 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.