IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Bail Appl..No. 4963 of 2011() ----------------------------- Crl.M.P.1915/2011 of SESSIONS COURT, PALAKKAD CR. NO. 8/2008 of THRITHALA EXCISE RANGE, PALAKKAD .................... PETITIONER/2ND ACCUSED:- --------------------------------- SREEKUMAR, S/O. RAMAN NAIR, SREEDEVI NILAYAM, CHALISSERY, PERUMANNOOR DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.S.SAJU RESPONDENT/ RESPONDENT:- ----------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE CIRCLE INSPECTOR, SPECIAL SQUAD, THRITHALA EXCISE RANGE, PIN - 672 510. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- B.A. No. 4963 of 2011 --------------------- Dated this the 28th day of June, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the second accused in C.R. No.8 of 2008 of Thrithala Excise Range, Palakkad for an offence punishable under sec. 55 (a) of the Abkari Act for allegedly having been found in possession of 740 litres of toddy, 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. With the above observation this Application is dismissed. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.