IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Bail Appl..No. 2585 of 2011() ----------------------------- C.R.No.12/2011 of CHENGANNUR EXCISE RANGE PETITIONER/ACCUSED --------------------- MATHUKUTTY, AGED 63 YEARS, S/O.UTHUPPAN, MADATHILETHU HOUSE, THIRUVANVANDOOR MURI, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.K.JAYARAJ RESPONDENT: COMPLAINANT -------------------------- KERALA STATE, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHENGANNUR THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2585 of 2011 ------------------------------------------------ Dated this the 5th day of April, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in C.R.No.12 of 2011 of Chengannnur Excise Range for an offence punishable under Section 55(i) of the Abkari Act for allegedly having been found in possession of 5.250 litres of Indian made foreign liquor, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in 4 other abkari offences. 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 5th day of April, 2011. V.RAMKUMAR, JUDGE. skj