IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 1738 of 2009() ----------------------------- C.R.NO.5/2009 OF SASTHAMCOTTA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SUJITH, AGED 40 YEARS, S/O SURENDRAN, SUJITH BHAVANAM, IVERKALA NADUVILE MURI, KUNNATHOOR VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT ------------------------------------------------------- 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 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1738 of 2009 --------------------- DATED: 7.04.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R. No.5 of 2009 of Sasthamcotta Excise Range for an offence punishable under section 8(2) of the Abkari Act for allegedly having been found in possession of 2 litres of arrack seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application. The learned Public Prosecutor also submitted that the petitioner is an accused in four other crimes of similar nature. 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. sj B.A.No. 2