IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Bail Appl..No. 4489 of 2011() ----------------------------- CMP.1325/2011 of J.M.F.C.,PEERUMEDU Cr.NO. 24/2011 OF VANDIPERIYAR EXCISE RANGE OFFICE IDUKKI .................... PETITIONER/ACCUSED --------------------- MANI, S/O.PERUMAL, ROOM NO.6, WALARDY HML ESTATE 2ND DIVISION 6TH MURY LAYAM, WALARDY KARA, PERIYAR VILLAGE, PEERMADE TALUK. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, VANDIPERIYAR, IDUKKI DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4489 of 2011 ------------------------------------------------ Dated this the 14th day of June, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Cr.No.24 of 2011 of Vandiperiyar Excise Range for offences punishable under Sections 55(a) & (i) of the Abkari Act for allegedly having been found in possession of 2.800 litres of Indian Made Foreign Liquor, 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 Section 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. Dated this the 14th day of June, 2011. V.RAMKUMAR, JUDGE. skj