IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Bail Appl..No. 1197 of 2009() ----------------------------- CRIME NO. 5/2009 of NEYYATTINKARA EXCISE RANGE PETITIONER/IST ACCUSED:- ------------------------------- SANAL KUMAR, S/O. SURENDRAN, ALGAMUGAL KADANNOORVILA VEETIL, ATHIYANNOOR DESOM, ATHIYANNOOR VILLAGE, NEYYATINKARA TALUK. BY ADV. MR. R.GOPAN RESPONDENTS/ COMPLAINANTS:- --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE, NEYYATINKARA. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 1197 of 2009 --------------------- Dated this the 26th day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No. 5 of 2009 of Neyyattinkara Excise Range for offences punishable under sections 55(a), 58 and 67 B of the Abkari Act for allegedly having been found in possession of 288 liters of spirit 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 26th day of March, 2009. V.RAMKUMAR, JUDGE. rv B.A.No. 2