IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Bail Appl..No. 4684 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26859/2010 Dated 03/02/2011 CRMP.8858/2011 of J.M.F.C.-I, PUNALUR CRIME NO.478/2010 OF KULATHUPUZHA POLICE STATION .................... PETITIONER:ACCUSED: ------------------------------ MALLIKA,AGED 40 YEARS,SUNITHA BHAVAN, 1TH MILE STONE,EZHAMKULAM,THINGALKARIKKAM VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.R.SURAJ KUMAR SRI.N.AJITH RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR,ANCHAL, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4684 of 2011 ------------------------------------------------ Dated this the 21st 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.478 of 2010 of Kulathupuzha Police Station for offences punishable under Sections 55(a), 55(g), 8 (1) & (2) of the Abkari Act for allegedly having been found in possession of 20 litres of arrack and 350 litres of wash, seeks her enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioner's contention that she 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 her release on bail. With the above observation this Application is dismissed. Dated this the 21st day of June, 2011. V.RAMKUMAR, JUDGE. skj True copy B.A.No./2011 2 P.A. to Judge