IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Bail Appl..No. 4481 of 2011() ----------------------------- CMP.3923/2011 of J.M.F.C.-I, CHENGANNUR CRIME NO.31/2011 OF CHENGANNUR EXCISE RANGE .................... PETITIONER: ACCUSED ---------------------- KAMALASANAN, AGED 57 YEARS, S/O.KUMARAN, THARAYILVEEDU, KOLDEATHUSSERIMURI, THIRUVANVANDOOR VILLAGED, CHENGANNUR TALUK. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.31/2011 OF CHENGANNUR EXCISE RANGE). PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4481 of 2011 ------------------------------------------------ Dated this the 14th 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.31 of 2011 of Chengannur Excise Range for an offence punishable under Section 55(i) & 13 read with Section 63 of the Kerala Abkari Act for allegedly having been found in possession of 4.5 litres of Indian Made Foreign Liquor, 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 14th day of June, 2011. V.RAMKUMAR, JUDGE. skj