IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH JUNE 2007 / 24TH JYAISHTA 1929 Bail Appl..No. 3234 of 2007() ----------------------------- CMP.2811/2007 of J.M.F.C.-II,PATHANAMTHITTA C.R.NO.29/07 OF KONNY EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- UTHAMAN, SHYAMA BHAVAN, PAYYANAMON, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: ------------- 1. THE EXCISE INSPECTOR, KONNI RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 3234 OF 2007 ```````````````````````````````````````````````````` Dated this the 14th day of June, 2007 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the accused in C.R. No.29/2007 of Konny Excise Range for offences punishable under Secs.8(1) and 8(2) of the Abkari Act, for having been found in possession of 5 liters of illicit arrack on 11.5.2007 and who was arrested on the same day, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application submitting, inter alia, that the petitioner is an accused in another crime involving similar offence. 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. This application is accordingly dismissed. (V. RAMKUMAR, JUDGE) aks