IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Bail Appl..No. 1237 of 2009() ----------------------------- CRIME NO.115/2008 OF CHENGANNUR EXCISE RANGE CMP.712/2009 of J.M.F.C.-I, CHENGANNUR .................... PETITIONER/ACCUSED -------------------------------------- SANTOSH @ BABU, THUNDIYIL PADEETTATHIL, THONAKADU, PULIYOOR P.O., CHENGANNUR TALUK. BY ADV. SRI.P.HARIDAS RESPONDENT(S): COMPLAINANTS --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE EXCISE INSPECTOR, CHENGANNUR RANGE. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.1237 of 2009 =============================== DATED: 18 .03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.115 of 2008 of Chengannur Excise Range for an offence punishable under Sections 8(1)(2) of the Kerala Abkari Act for allegedly having been found in possession of 1.5 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. Dated this the 18th day of March, 2009 V.RAMKUMAR, JUDGE. sj