IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Bail Appl..No. 1233 of 2011() ----------------------------- CRIME NO.11 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE CMP.248/2011 of J.M.F.C.-II, HARIPAD .................... PETITIONER/ACCUSED -------------------------------------- BALACHANDRAN, AGED 52 YEARS, S/O.PARAMESWARA PANICKER, CHELOKKOTTU VEETTIL, EVOOR VADAKKUM MURI, CHEPPAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1233 of 2011 ----------------------------------------------------- Dated this the 21st day of February, 2011 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.11 of 2011 of Karthikappally Excise Range for an offence punishable under Section 8(i) & (ii) of the Abkari Act for allegedly having been found in possession of 375 ml. of coloured arrack, seeks his enlargement on bail. The petitioner was arrested on 29/01/2011. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in yet another abkari offence of the year 2011. 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 21st day of February, 2011. V.RAMKUMAR, JUDGE skj