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. 2761 of 2011() ------------------------ CRIME NO. 26 OF 2011 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED -------------------- VASUMATHY, AGED 68 YEARS, D/O NANI MEENATHERIL KIZHAKKATHIL, PRAYAR SOUTH CLAPPANA VILLAGE, KARUNGAPPALLY. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 2761 of 2011 ................................................. DATED: 08-04-2011 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. 26 of 2011 of karunagappally Excise Range for an offence punishable under Sec. 55 (a) and (i) of the Abkari Act for having beeing found in possession of 19.5 litres of IMFL, seeks his enlargement on bail. The petitioner was arrested on 5-3-2011. 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. V.RAMKUMAR, JUDGE. ani B.A.No. 2