IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Bail Appl..No. 4525 of 2011() ----------------------------- CMP.1396/2011 of J.M.F.C., SASTHAMCOTTA CRIME NO. 118/2011 of SASTHAMCOTTA EXCISE RANGE, KOLLAM .................... PETITIONER/ ACCUSED: -------------------------- JOHN, S/O.ABRAHAM BINSY BHAVANAM (FROM KALLUVILA) ERAVICHIRA NADUVILA MURI, SOORANAD SOUTH VILLAGE KUNNATHOOR TALUK, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT/ COMPLAINANT:- ------------------------------------ THE EXCISE INSPECTOR EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM 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 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- B.A. No. 4525 of 2011 --------------------- Dated this the 15th day of June, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.118 of 2011 of Sasthamcotta Excise Range, Kollam for an offence punishable under sec. 55(i) of the Abkari Act for allegedly having been found in possession of one litre of Indian made foreign liquor, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia 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. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.