IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Bail Appl..No. 4381 of 2011() ----------------------------- CMP.355/2011 of J.M.F.C.,NEDUMKANDOM CR NO.78/2010 OF UDUMBANCHOLA EXCISE RANGE .................... PETITIONER: ACCUSED --------------------------- ALEKUTTY, W/O.CHACKO, VALLAVASSERRIKKUDIYIL VEEDU, PARATHODU KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.78/2010 OF EXCISE RANGE, UDUMBANCHOLA, IDUKKI DISTRICT). PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4381 of 2011 ------------------------------------------------ Dated this the 10th day of June, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.2 in Crime No.78 of 2010 of Udumbanchola Excise Range for offences punishable under Sections 55(a), (i) and 67(B) of the Abkari Act for allegedly having been found in possession of 35 litres of Indian made foreign liquor, seeks her enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner, though a lady, is involved in 4 other crimes of similar nature. 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 10th day of June, 2011. V.RAMKUMAR, JUDGE. skj