IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Bail Appl..No. 1562 of 2009() ----------------------------- CMP.340/2009 of J.M.F.C.-II,NEYYATTINKARA CRIME NO. 72/2005 OF NEDUMANGADU EXCISE RANGE PETITIONER (S): ACCUSED --------------------------- BALAMMA, D/O. JOYIS, RESIDING AT PULIMOODU VEEDU, KURAKKONAM DESOM, POOVACHAL, VEERANAKKAVU VILLAGE, NEDUMANGADU TALUK, AGED 55. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1562 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th 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 Crime No.72/2005 of Nedumangadu Excise Range for offences punishable under Sections 55(a), 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 2 ½ litres 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. V. RAMKUMAR, JUDGE. mn.