IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Bail Appl..No. 2669 of 2011() ------------------------------- C.R.NO.8/2011 OF PARALI EXCISE RANGE CMP.1343/2011 of J.M.F.C.-II,PALAKKAD .................... APPLICANT/ACCUSED -------------------------- KAMALAM, AGED 56 YEARS, W/O.GOPALAKRISHNAN, MANIKANDA NIVAS, MUNDOOR P.O., PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE RANGE OFFICER, PARALI EXCISE RANGE. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.2669 of 2011 --------------------- DATED: 07.04.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R. No.8/2011 of Parali Excise Range for an offence punishable under sec.55(a) and (i) of the Abkari Act for allegedly having been found in possession of litres of IMFL, seeks her enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in 8 other crimes involving Abkari offences. She is a previous convict also. 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 sec.41A (b)(ii) of the Abkari Act are present in this case so as to justify her release on bail. 4. The Superintendent of Jail shall provide adequate medical treatment to the petitioner in case her condition requires such treatment for which appropriate medical advise shall also be taken. With the above observation this Application is dismissed. Dated this the 7th day of April,2011. V.RAMKUMAR, JUDGE. sj