IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 Bail Appl..No. 8773 of 2010() ---------------------------------------- ( CRIME NO. 99/2010 OF KATHIKAPALLY EXCISE RANGE, ALAPPUZHA DISTRICT) ------------------- PETITIONER/ACCUSED -------------------------------------- RAJAN.D., PUTHEN KANDATHIL, MUTTOM MURI, CHEPPAD VILLAGE. BY ADVS. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT. ASHA ELIZABETH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP.BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARTHIKAPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBILC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ---------------------- Bail Application No. 8773 of 2010 --------------------- Dated this the 4th day of January, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.99 of 2010 of Karthikapally Excise Range for an offence punishable under section 8(1)(2) of the Abkari Act for allegedly having been found in possession of four litres of coloured arrack, seeks his enlargement on bail. 2. The learned Public prosecutor opposed the application contending inter alia that the petitioner is an accused in eight other abkari offences. 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 requires medical treatment, the Superintendent of Prison where the petitioner is housed shall not slacken his duties in providing adequate treatment to the petitioner. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. rv