IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 4769 of 2009() ---------------------- O.R. NO. 48 OF 2009 OF CHITTAR EXCISE RAGE,PATHANAMTHITTA PETITIONER/ACCUSED ------------------ 1. KUNJU CHERUKKAN, CHARUVIL VEETTIL, BIMBARAM COLONY, MANAKKAYAM KARAYIL, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. RAJAPPAN, PATTAYAPARAMBIL HOUSE, BIMBARAM COLONY, MANAKKAYAM KARAYIL, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 3. BIJU, OLICKAL HOUSE, BIMBARAM COLONY, MANAKKAYAM KARAYIL, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE EXCISE INSPECTOR, CHITTAR EXCISE RANGE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 4769 of 2009 - - - - - - - - - - - - - - - - DATED: 22-03-2010 O R D E R Petitioners who are the accused in O.R. No. 48 of 2009 of Chittar Excise Range, Pathanamthitta for an offence punishable under Sec. 55 (g) of the Abkari Act, for having been found in possession of 1400 litres of wash on 11-8-2009, seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. I am not satisfied that both the grounds enumerated under Clause (b)(ii) of Sec. 41 A of the Abkari Act are present in this case so as to justify the release of the petitioner on bail. This Application is accordingly dismissed. Sd/- V.RAMKUMAR, JUDGE. ani. /true copy/ P.S. to Judge Bail A.No. -:2:-