IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1348 of 2009() ----------------------------- C.R.NO.14/2009 OF ARYANADU EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- 1. ABU,S/O.PAREED KUNJU, AGED 72 YEARS NAZAR MANZIL, CHITTALAMKUZHY, KOKOTHAMANGALAM MURI ARUVIKKARA VILLAGE, NEDUMANGAD. 2. MAJEEDA BEEVI, AGED 65 YEARS, D/O. AISHA BEEVI, RESIDING AT -DO- -DO- BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE -------------------------------------------------------------------------- 1. EXCISE INSPECTOR, ARYANADU EXCISE RANGE 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1348 of 2009 --------------------- DATED: 23.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are the 1st and 3rd accused in C.R. No.14 of 2009 of Aryanadu Excise Range for an offence punishable under sec.55 (a) and 55(i) of the Abkari Act for allegedly having been found in possession of 1223 litres of spirit seeks their enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners' contention that they have 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 their release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. sj