IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Bail Appl..No. 538 of 2011() -------------------------------- (CMP.NO.341/2011 IN CRIME NO.26/2010 OF MAVELIKKARA EXCISE RANGE, ALAPPUZHA DISTRICT) ........ PETITIONER/ACCUSED --------------------------- BIJU, S/O.KRISHNANKUTTY, VALIL THARAYIL VEEDU,EEREZHA SOUTH MURI, PERINGALA VILLAGE MAVELIKKARA. BY ADV. SMT.S.L.SYLAJA RESPONDENT(S):COMPLAINANT/STATE ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. --------------------------------------------------- Bail Application No.538 of 2011 --------------------------------------------------- Dated this the 3rd 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.26 of 2010 of Mavelikkara Excise Range for offences punishable under Sections 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 6 litres of arrack, seeks his enlargement on bail. The petitioner was arrested on 11/01/2011. 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. V.RAMKUMAR, JUDGE skj