IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Bail Appl..No. 3847 of 2011() ----------------------------- CP.16/2011 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.81 OF 2010 OF THIRUVANANTHAPURAM EXCISE RANGE .................... PETITIONER/ACCUSED --------------------- SUGATHAN, S/O.MRITHYNJAYA PANIKER, ALAVILA VEEDU, KATTACHAL KUZHI, VENGANOOR DESOM, VENGANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3847 of 2011 ------------------------------------------------ Dated this the 24th day of May, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.81 of 2010 of Thiruvananthapuram Excise Range for offences punishable under Sections 8 (1) & (2) of the Abkari Act for allegedly having been found in possession of 1 ½ litres of arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in four 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 Section 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 24th day of May, 2011. V.RAMKUMAR, JUDGE. skj