IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Bail Appl..No. 111 of 2011() ---------------------------------------- CMP.NO.8677/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, CHENGANNUR. ..... (CRIME NO.62/2010 OF EXCISE RANGE, CHENGANNUR, ALAPPUZHA DIST.) ... PETITIONER/ACCUSED (IN CUSTODY): --------------------------------------------------------- PRABHAKARAN,AGED 63 YEARS,S/O.NARAYANAN, THADIYASSERI VEEDU,KOLADATHUSSERY MURY, THIRUVANVANDOOR VILLAGE,CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.V.MANOJ KUMAR, SRI.IYPE JOSEPH. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA,REPRESENTED BY EXCISE INSPECTOR,EXCISE RANGE,CHENGANNUR,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------------------------ Bail Application No.111 of 2011 ------------------------------------------------- Dated this the 13th day of January, 2011 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.62 of 2010 of Chengannur Excise Range for an offence punishable under Section 55(i) of the Abkari Act for allegedly having been found in possession of 500 ml. of Indian Made Foreign Liquor, seeks his enlargement on bail. The petitioner was arrested on 03/12/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in four other similar crimes. 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. V.RAMKUMAR, JUDGE skj