IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Bail Appl..No. 1406 of 2011() ----------------------------------------- (CRIME NO.120/04 OF THIRUNELLY POLICE STATION) C.M.P.NO.520/2011 IN S.C.NO.146/06 OF ADDITIONAL SESSIONS COURT (ADHOC)1, KALPETTA ------------------------------ APPLICANT/ACCUSED ----------------------------------- MURUKAN, S/O.NAGAPPAN, AGED 42 YEARS, VADAKE VEEDU, MELEPPALLY AMSOM, THIRUPATHOOR, KARPILAL, THIRUTHURAIPUNDI, TAMILNADU. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, THIRUNELLY POLICE STATION, WAYANAD DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1406 of 2011 ----------------------------------------------------- Dated this the 25th day of February, 2011 ORDER In this Petition filed under Sec.439 Cr.P.C. the petitioner who is the sole accused in Crime No.120 of 2004 of Thirunelly Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 20 litres of wash, 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. 4. The Additional Sessions Judge (Adhoc)-I, Kalpetta shall dispose of S.C.No.104 of 2006 expeditiously without unnecessarily granting any adjournment even for the defence. With the above observation this Application is dismissed. Dated this the 25th day of February, 2011. V.RAMKUMAR, JUDGE skj