IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Bail Appl..No. 3942 of 2011() ----------------------------- CRIME NO. 112 OF 2009 OF EXCISE RANGE, KARUNAGAPPALLY .................... PETITIONER/ACCUSED NO.1 --------------------- RAJESH, S/O. RAJU,VALLATHARA THEKKETHIL, PRAYAR NORTH MURI, PUTHUPPALLY VILLAGE KARTHIKAPPALLY TALUK. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................................ Bail Application No. 3942 of 2011 ................................................. DATED: 27th May, 2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the first accused in Cr. No. 112 of 2009 of Excise Range, Karunagappally for offences punishable under Sections 8(1) & (2) & 55 (g) of the Abkari Act for allegedly having been found in possession of 250 litres of arrack kept in 25 cans on 8-7-2009, 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 27th day of May, 2011. Sd/-V.RAMKUMAR, JUDGE. ani /true copy/ P.S. to Judge