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. 1614 of 2011() --------------------------------------- CRIME NO.54/2003 OF KASARAGOD POLICE STATION. ........ PETITIONER/ACCUSED -------------------------------------- E.S.VINOD, S/O. SIVARAMAN, EDAPAD HOUSE, IDUKKI DIST. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY SUB INSPECTOR, KASARAGOD POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE 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.1614 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 Crime No.54 of 2003 of Kasaragod Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 5400 packets of arrack, 30 litres of spirit and 2 cases of Indian Made Foreign Liquor, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner was found in possession of 5400 packets of arrack, 30 litres of spirit and 2 cases of Indian Made Foreign Liquor on 17/1/2003 and he could be arrested only on 19/12/2004 and even though he was released on bail he jumped bail and subsequently he had surrendered before the court below only on 19/01/2011 at a time when non-bailable warrants were pending against him. 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 Bail Appln.No.1614/2011 : 2 : 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. The trial court shall make an earnest endeavour to expedite the trial of the case. Dated this the 7th day of March, 2011. V.RAMKUMAR, JUDGE. skj