IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 Bail Appl..No. 1497 of 2011() ------------------------------------------ O.R. NO.4/2011 OF KUTHUPARAMBA EXCISE RANGE, KANNUR DISTRICT. ......... PETITIONER/ACCUSED -------------------------------------- SANTHOSH MAROLI, S/O.VASU, AGED 42 YEARS, KARIMBANAPOIL HOUSE, KUTHUPARAMBA AMSOM, AMBILAD DESOM, THALASSERI TALUK. BY ADV. SRI.K.V.PAVITHRAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ EXCISE INSPECTOR, KUTHUPARAMBA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1497 of 2011 ----------------------------------------------------- Dated this the 7th day of March, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in O.R.No.4 of 2011 of Kuthuparamba Excise Range for offences punishable under Sections 55(a) and 67 (B) of Abkari Act read with Rule 9 of 26 of FL Rules for allegedly having been found in possession of 133.2 litres of Indian Made Foreign Liquor, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in two other abkari offences. 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 Section 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. Dated this the 7th day of March, 2011. V.RAMKUMAR, JUDGE. skj