IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 985 of 2009() -------------------------------- C.R. NO. 12/2009 of CHENGANNUR EXCISE RANGE PETITIONER/ACCUSED:- ----------------------------- RAJENDRAN, S/O.RAVEENDRAN, AGED 32 YEARS, KUTTAMMATHARAYIL VEEDU, MANNAR VILLAGE, CHENGANNUR TALUK. BY ADV. MR. AJITH MURALI RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 985 of 2009 ==================== Dated this the 11th 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. 12 of 2009 of Chengannur Excise Range for an offence punishable under section 55(g) of the Abkari Act for allegedly having been found in possession of 70 liters of wash 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 11th day of March, 2009. V.RAMKUMAR, JUDGE. rv