IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Bail Appl..No. 4323 of 2008() ----------------------------- C.R. NO. 47 OF 2008 OF ADOOR EXCISE RANGE PETITIONER/ACCUSED: -------------------------- R.ANILKUMAR, AGED 42 YEARS, ASWATHI BHAVANAM, V.KOTTAYAM VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE EXCISE INSPECTOR, KONNI EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 4323 of 2008 -------------------------------- DATED: 08-07-2008 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No. 47 of 2008 of Adoor Excise Range for an offence punishable under sec.55 (i) of the Abkari Act for allegedly having been found in possession of 1.5 litres of IMFL, 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. Dated this the 8th day of July 2008. V.RAMKUMAR, JUDGE. ani