IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Bail Appl..No. 3889 of 2011() ----------------------------------- CMP.4035/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KARUNAGAPPALLY CRIME NO.1215/2011 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT ................... PETITIONER/ACCUSED --------------------------- ANIL KUMAR @ ANIYANKUNJU, S/O. KARUNAKARAN PILLAI, AMBIKA SADANAM, PULIYOOR VANCHI THEKKUMMURI, KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT --------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3889 of 2011 ------------------------------------------------ Dated this the 1st 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.1215 of 2011 of Karunagapally Police Station for an offence punishable under Section 55(a) & (i) of the Abkari Act for allegedly having been found in possession of 9.900 litres of Indian made foreign liquor, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in 15 other crimes of similar nature and that the charge sheet has already been filed in this case. 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 1st day of June, 2011. V.RAMKUMAR, JUDGE. skj