IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR SUNDAY, THE 1ST MAY 2011 / 11TH VAISAKHA 1933 Bail Appl..No. 2493 of 2011() ----------------------------- CMP.1844/2011 of J.M.F.C., KAYAMKULAM CRIME NO.97/2010 OF EXCISE RANGE OFFICE, KAYAMKULAM PETITIONER/ACCUSED -------------------------- UNNIKRISHNAN, AGED 36 YEARS, S/O.RAGHAVAN, AMBADI BHAVANAM, KRISHNAPURAM VILLAGE, KARTHIKAPALLY, ALAPPUZHA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): STATE --------------------------- STATE OF KERALA, REP. BY EXCISE INSPECTOR, KAYAMKULAM EXCISE RANGE OFFICE BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON 01/05/2011 PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.2493 of 2011 --------------------- DATED: 01.04.2011 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.97/2010 of Kayamkulam Excise Range for an offence punishable under Secs.8(1) and (2) of the Abkari Act for allegedly having been found in possession of 1.3 litres of coloured arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the petitioner is an accused in yet another Abkari crime. 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. Dated this the 1st day of April, 2011. V.RAMKUMAR, JUDGE. sj