IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 Bail Appl..No. 4447 of 2011() ----------------------------- CRIME NO.112/2009 OF EXCISE RANGE, KARUNAGAPPALLY AGAINST THE JUDGEMENT/ORDER IN BA.3492/2011 .................... PETITIONER: ACCUSED NO.1 -------------------------------- RAJESH, S/O.RAJU, VALLATHARA THEKKETHIL, PRAYAR NORTH MURI, PUTHUPPALLY VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.4447 of 2011 --------------------- DATE: 13.06.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.112/2009 of Karunagappally Excise Range for offences punishable under Sections 8(1) and (2) and 55 (g) of the Abkari Act for allegedly having been found in possession of 250 litres of arrack seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the arrack involved is 250 litres and that too seized in the year 2009 and that the petitioner is involved in two other crimes of similar nature. 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. Dated this the 13th day of June, 2011. V.RAMKUMAR, JUDGE. sj