IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Bail Appl..No. 4842 of 2011() ----------------------------- CP.12/2011 of J.M.F.C.,KATTAKADA CRIME NO.45/2005 OF KATTAKADA EXCISE RANGE .................... PETITIONER/ACCUSED ---------------------- THANKAPPAN, S/O.ENOSE, MANNADITHALANIRA VEEDU, PARAKKONAM, MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4842 of 2011 ------------------------------------------------ Dated this the 24th day of June, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.45 of 2005 of Kattakkada Excise Range for offences punishable under Sections 12(1) & 55(g) of Abkari Act for allegedly having been found in possession of 480 litres of wash, 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 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 24th day of June, 2011. V.RAMKUMAR, JUDGE. skj