IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Bail Appl..No. 1854 of 2009() ----------------------------- CMP.1450/2009 of J.M.F.C.,ERATTUPETTA CRIME NO. 104/2009 OF ERATTUPETTA .................... PETITIONER/1ST ACCUSED:- -------------------------------- VARKEY @ KOCHU, KIDANGHATHAZHE HOUSE, VELLANI, ADUKKAMKARA, VADAKKEKARA VILLAGE, POONJAR. BY ADV. MR. SIJU RAJAN MS. S.SIBHA RESPONDENTS/COMPLAINANT: ---------------------------------- 1. SUB INSPECTOR OF POLICE, ERATTUPETTA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 1854 of 2009 --------------------- Dated this the 8th day of April, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No. 104 of 2009 of Erattupetta Police Station for offences punishable under sections 8(1)(2) and 61 of the Abkari Act and Sections 201 and 186 IPC for allegedly having been found in possession of 450 ml of arrack 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. Dated this the 8th day of April, 2009. V.RAMKUMAR, JUDGE. rv B.A.No. 2