IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Bail Appl..No. 2445 of 2011() ----------------------------- O.R.NO.4/2011 OF KUTHUPARAMBA EXCISE RANGE CRMP.4/2011 of DISTRICT COURT, THALASSERY .................... PETITIONER/ACCUSED ---------------------------- SANTHOSH MAROLI, S/O. VASU, AGED 42 YEARS, KARIMBANAPOIL HOUSE, KUTHUPARAMBA AMSOM,AMBILAD DESOM, THALASSERI TALUK BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): COMPLAIANANT --------------------------- EXCISE INSPECTOR, KUTHUPARAMBA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.2445 of 2011 --------------------- DATE : 01.04.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the sole accused in O.R. No.4/2011of Kuthuparamba Excise Range for offences punishable under secs.55(a) and 67(b) of the Abkari Act read with Rule 9 and 26 of Foreign Liquor Rules for allegedly having been found in possession of 133.2 litres of IMFL , seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is an accused in two other Abkari crimes. In the present case 133 litres of IMFL were meant for sale exclusively in Pondicherry. 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 1st day of April, 2011. V.RAMKUMAR, JUDGE. sj