IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Bail Appl..No. 1276 of 2011(B) ------------------------------------------ [C.R. NO.40/2010 OF KASARAGOD EXCISE RANGE] ............ PETITIONER/ACCUSED: ---------------------------------- RAJESH KUMAR, S/O.BABU POOJARI, NELLIKKUNNU, KASARAGOD TALUK, P.O.KASARAGOD. BY ADVS. SRI.T.SETHUMADHAVAN, SRI. KODOTH PUSHPARAJAN, SRI.K. JAYESH MOHANKUMAR, SMT.VANDANA MENON, SMT.ANJU.P. NAIR. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (C.R.NO.40/2010 OF KASARAGOD EXCISE RANGE). BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ---------------------- B.A. No.1276 of 2011 --------------------- Dated this the 23rd day of February, 2011. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in C.R. No. 40 of 2010 of Kasaragod Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 32 litres of arrack and 9 litres of Indian made foreign liquor seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in two other abkari crimes as well. 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. V.RAMKUMAR, JUDGE. rv