IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Bail Appl..No. 1445 of 2011() ----------------------------------------- CRIME NO.14/2011 OF MAVELIKKARA EXCISE CRIME, ALAPPUZHA DISTRICT ---------------------------------- PETITIONER/ACCUSED -------------------------------------- VIJAYAKUMAR, S/O. THANKAPPAN, AMRUTHA BHAVANAM, EREZHA, PERINGALA VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A. SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY EXCISE INSPECTOR, MAVELIKKARA EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ---------------------- B.A. No.1445 of 2011 --------------------- Dated this the 28th day of February, 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.14 of 2011 of Mavelikkara Excise Range for an offence punishable under sec. 55(i) of the Abkari Act for allegedly having been found in possession of 550 ml. 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. 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