IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Bail Appl..No. 349 of 2011() ---------------------------- CMP.56/2011 of J.M.F.C., MANNARKAD .................... (CRIME NO.2/2011 OF AGALI EXCISE RANGE, PALAKKAD DISTRICT) ..... PETITIONER/ACCUSED: -------------------------------------- SHANMUGHAN, AGED 40, S/O.ARUCHAMI, PATTANKKALLU DESOM, PUTHUR VILLAGE, MANNARKKAD TALUK. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY EXCISE RANGE OFFICER, AGALI EXCISE RANGE OFFICE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. -------------------------------------------- Bail Application No.349 of 2011 --------------------------------------------- Dated this the 21st day of January, 2011 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.2 of 2011 of Agali Excise Range for an offence punishable under Section 8(1) & 8(2) of the Kerala Abkari Act for allegedly having been found in possession of 3 litres of arrack, seeks his enlargement on bail. The petitioner was arrested on 05/01/2011. 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