Shanmughan vs The State Of Kerala on 21 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 349 of 2011()


1. SHANMUGHAN, AGED 40, S/O.ARUCHAMI,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.RAJESH NAMBIAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :21/01/2011

 O R D E R
                          V. RAMKUMAR, J.
                --------------------------------------------
                Bail Application No.349 of 2011
                ---------------------------------------------
            Dated this the 21st day of January, 2011

                                 ORDER

In this Petition filed under Sec.439 Cr.P.C. the petitioner

who is the sole accused in Crime No.2 of 2011 of Agali Excise

Range for an offence punishable under Section 8(1) & 8(2) of the

Kerala Abkari Act for allegedly having been found in possession

of 3 litres of arrack, seeks his enlargement on bail. The

petitioner was arrested on 05/01/2011.

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.

V.RAMKUMAR, JUDGE

skj