IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Bail Appl..No. 1321 of 2011(A) ------------------------------------------ [CRIME NO.05/11 OF NOORANAD EXCISE RANGE, ALAPPUZHA DISTRICT] ............... PETITIONER/ACCUSED: ---------------------------------- RAJU @ TAKUR, S/O.KESAVAN, KUTTIYIL VADAKKATHIL RAJI BHAVANAM, KARIMULACKAL MURI, CHUNAKKARA VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.RASHEED C.NOORANAD. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/03/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ---------------------- B.A. No. 1321 of 2011 --------------------- Dated this the 8th day of March, 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.5 of 2011 of Nooranad Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of five 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 two more abkari offences. 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.