IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Bail Appl..No. 5061 of 2011() ----------------------------- CRL.M.P.749/2011 of J.M.F.C.-I,PATHANAMTHITTA CR. NO. 38/2011 of PATHANAMTHITTA EXCISE RANGE .................... PETITIONER/ACCUSED NO.1:- --------------------------------- KOMALAN, AGED 45 YEARS, S/O.DAMODHARAN, MURALI VILASAM VEEDU, MEZHUVELI MURI, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE, PATHANAMTHITTA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- B.A. No. 5061 of 2011 --------------------- Dated this the 28th day of June, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the first accused in C.R. No.38 of 2011 of Pathanamthitta Excise Range for offences punishable under Sections 55(a), 58 and 67B of the Abkari Act for allegedly having been found in possession of 350 litres of toddy, seeks his enlargement on bail. 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. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.