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. 1119 of 2009() ----------------------------- CRIME NO. 296/2004 of BADIADKA POLICE STATION PETITIONER/ACCUSED:- ------------------------------- ROY JOSEPH, S/O.JOSEPH, AGED 35 YEARS, MUNDUPALAM HOUSE, KOLLAPPALLI, KATANAD VILLAGE, KOTTAYAM DISTRICT. BY ADV. MR.SUNIL NAIR PALAKKAT RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA -(CRIME NO.296/2004 OF BADIADKA POLICE) - 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. 1119 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 1st accused in Crime No. 296 of 2004 of Badiadka Police Station for an offence punishable under section 8(2) of the Abkari Act for allegedly having been found in possession of 525 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 11th day of March, 2009. V.RAMKUMAR, JUDGE. rv