IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Bail Appl..No. 2174 of 2011() ----------------------------- CRMP.1654/2011 of J.M.F.C.-III, PUNALUR CRIME NO. 42/2006 OF PATHANAPURAM EXCISE RANGE .................... PETITIONER/ACCUSED NO.4:- ---------------------------------- ANEESH, S/O.BHAGEERATHAN, ANEESH BHAVAN, PANNIVIZHA MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT:- ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- B.A. No.2174 of 2011 --------------------- Dated this the 28th day of March, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 4th accused in Crime No.42 of 2006 of Pathanapuram Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 210 litres of spirit, 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. sd/ -V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.