IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Bail Appl..No. 2731 of 2011() ----------------------------- CMP.1064/2011 of J.M.F.C., MANNARKAD CRIME NO.22/2011 OF AGALI EXCISE RANGE PETITIONER/1ST ACCUSED ------------------------------------------ MANI @ SEBASTIAN, AGED 49 YEARS, NELLIKKAMALAYIL, S/O.NELLIKKAMALAYIL VEETTIL JOSEPH, ODAPPETTI DESOM, KALLAMALA VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.A.AJAI KUMAR RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, AGALI EXCISE RANGE MANNARKKAD-698582. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2731 of 2011 ------------------------------------------------ Dated this the 8th day of April, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.1 in Crime No.22 of 2011 of Agali Excise Range for offences punishable under Sections 8(1) & (2) and 55(g) of the Abkari Act for allegedly having been found in possession of 40 litres of arrack and 1000 litres of wash, 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 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 8th day of April, 2011. V.RAMKUMAR, JUDGE. skj