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. 4961 of 2011() ----------------------------- SC.715/2010 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE CR. NO. 16/2001 of BADIYADUKA EXCISE RANGE .................... PETITIONER/ACCUSED:- --------------------------- KUNHUMON @ GUNDUMANI, S/O.JOSEPH, R/AT VADEKKEDATHIL HOUSE, KARIVEDAKEM VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT:- ---------------------------------- THE SUB INSPECTOR OF POLICE, BADIYADUKA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 4961 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 first accused in C.R. No.16 of 2001 of Badiyaduka Excise Range for offences punishable under Sections 55(a) and 64(A) of the Abkari Act for allegedly having been found in possession of 4000 packets of Karnataka made Arrack each containing 100 ml., 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. The Additional Sessions Judge (Adhoc-III), Kasaragod shall expedite the trial of S.C. No. 715 of 2010 bearing in mind that the petitioner (A1) is an under trial prisoner. With the above observation this Application is dismissed. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.