IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 Bail Appl..No. 1119 of 2011() ---------------------------------------- CR.NO.4/2011 OF NOORANADU EXCISE RANGE AT ALAPPUZHA DISTRICT --------------------------------- PETITIONER/ACCUSED -------------------------------------- SIVARAMAN, AGED 59 YEARS, S/O.PADMANABHAN, VALYATHU THEKKETHIL, ERUMAKUZHY MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.R.PADMAKUMAR SRI.P. ARAVIND RESPONDENT(S): -------------------------- STATE OF KERALA - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ---------------------- B.A. No. 1119 of 2011 --------------------- Dated this the 17th day of February, 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.4 of 2011 of Nooranad Excise Range for offences punishable under Sections 55(a) and 58 of the Abkari Act for allegedly having been found in possession of 600 ml. of arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in five 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 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. rv