IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Bail Appl..No. 4801 of 2011() ----------------------------- CR. NO.78/2010 OF EXCISE RANGE, UDUMBANCHOLA CMP.355/2011 of J.M.F.C.,NEDUMKANDOM .................... PETITIONER/ACCUSED (A2) -------------------------------- ALEKUTTY, W/O.CHACKO, VALLAVASSERRIKKUDIYIL VEEDU, PARATHODU KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE ---------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.78/2010 OF EXCISE RANGE, UDUMBANCHOLA, IDUKKI DISTRICT). PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.4801 of 2011 --------------------- DATE: 27.06.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in C.R.No.78/2010 of Udumbanchola Excise Range for offences punishable under Sections 55(a)(i) and 67(B) of the Abkari Act for allegedly having been found in possession of 34.500 litres of IMFL, seeks her enlargement on bail. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the petitioner is an accused in 5 other Abkari crimes of which 3 cases involve arrack. 3. It is too early to accept the petitioner's contention that she 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 her release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. sj B.A.No. 2