IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 Bail Appl..No. 8447 of 2010() ---------------------------------------- ( CRIME NO. 88/2010 OF KARTHIKAPPALLY EXCISE RANGE) ---------------------- PETITIONER/ACCUSED -------------------------------------- BABURAJ, AGED 40 YEARS, S/O.JANARDANAN, PUTHENKANDATHIL VEEDU, CHINGOLI MURI, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. --------------------------------------------------- Bail Application No.8447 of 2010 --------------------------------------------------- Dated this the 3rd day of January, 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.88 of 2010 of Karthikappally Excise Range for an offence punishable under Section 8(i) & (ii) of the Abkari Act for allegedly having been found in possession of 750 ml. of arrack, seeks his enlargement on bail. The petitioner was arrested on 04/12/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in two other crimes involving 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 skj