IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 Bail Appl..No. 1319 of 2009() ----------------------------- CMP.1502/2009 of J.M.F.C.-I,NEDUMANGAD C.R. NO. 110/2008 of ARYANAD EXCISE RANGE .................... PETITIONER/ACCUSED:- ----------------------------- SAVITHRI, D/O.CHELLAMMA, LEKSHMIVILASAM VEEDU, MANCODE, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. MR. T.A.UNNIKRISHNAN MR. K.SATHEESH KUMAR RESPONDENT/COMPLAINANT:- --------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 1319 of 2009 ==================== Dated this the 20th day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No. 110 of 2008 of Aryanad Excise Range for offences punishable under sections 8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 5 liters of arrack seeks her enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioner's contention that she 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 her release on bail. With the above observation this Application is dismissed. Dated this the 20th day of March, 2009. V.RAMKUMAR, JUDGE. rv