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. 1374 of 2009() ----------------------------- CMP.1129/2009 of J.M.F.C.-I,NEDUMANGAD CRIME NO. 51/2009 OF ARYANAD POLICE STATION PETITIONER/ACCUSED -------------------------------------- PUSHPALETHA @ MOTTA, D/O.BHARATHI, SHIBI BHAVAN, UNDAPPARA THADATHARIKAM, NEAR ARYANAD PZHAYA ITI, KOTTAKKAKAM MURI, ARYANAD VILLAGE. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ARYANAD. 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. 1374 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.51/2009 of Aryanad Police Station for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 3 ½ litres 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. V. RAMKUMAR, JUDGE. mn.