IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3386 of 2011 ------------------------------------- [CRIME NO.28/2011 OF AGALI EXCISE RANGE, PALAKKAD DISTRICT] ......... PETITIONER/ACCUSED: ---------------------------------- GANESH, AGED 38 YEARS, S/O. KRUPPASWAMY, CHAVADIYUR, VENTHAVATTY DESAM, PUTHUR VILLAGE, MANNARKKAD TALUK. BY ADV. SRI.JACOB SEBASTIAN. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR, AGALI, IN CRIME NO.28/2011. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3386 of 2011 ------------------------------------------------ Dated this the 6th 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.28 of 2011 of Agali Excise Range for an offence punishable under Section 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 30 litres of arrack, 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 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 6th day of May, 2011. V.RAMKUMAR, JUDGE. skj