IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Bail Appl..No. 2160 of 2011() ----------------------------- CR.4/2010 OF AMARAVILA POLICE STATION CMP.1121/2011 of J.M.F.C.-II,NEYYATTINKARA .................... PETITIONER/END ACCUSED --------------------------------- RIYAS,AGED 32 YEARS,S/O.MUMMY, ALENCHERRY VEEDU,VILLUMUKKU PO,KANIYAMPOTTA VILLAGE,VYTHIRI TALUK,WYNAD DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------------------- 1. THE EXCISE CIRCLE INSPECTOR, EXCISE CIRCLE OFFICE,NEDUMANGADU. 2. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.2160 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 2nd accused in C.R.No.4/2010 of Amaravila Excise Range for an offence punishable under Sec.55(a), 58 and 67B of the Abkari Act for allegedly having been found in possession of 8086 litres of spirit, 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 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