IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Bail Appl..No. 303 of 2011() --------------------------------- CRIME NO.99/2010 OF KATHIKAPALLY EXCISE RANGE, ALAPPUZHA DIST. .......... PETITIONER/ ACCUSED -------------------------------- RAJAN D., PUTHEN KANDATHIL, MUTTOM MURI, CHEPPAD VILLAGE BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP.BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARTHIKAPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ---------------------- Bail Application No. 303 of 2011 --------------------- DATED: 24 th January, 2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No. 99 of 2010 of Karthikappally Excise Range for an offence punishable under Section 8 (1) and (2) of the Abkari Act, 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. In case the petitioner require medical treatment, the Superintendent of the Prison where the petitioner is housed shall ensure proper treatment including dialysis, if necessary. With the above observation this Application is dismissed. Dated this the 24th day of January, 2011. V.RAMKUMAR, JUDGE. B.A.No. 2