IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 1060 of 2009() ----------------------------- CRIME NO.14/2009 OF ARYANADU EXCISE RANGE CMP.1227/2009 of J.M.F.C.-II,NEDUMANGAD .................... PETITIONER ------------------------------ 1. ABU,S/O.PAREED KUNJU AGED 72 YEARS, NAZAR MANZIL, CHITTALAMKUZHY, KOKOTHAMANGALAM MURI, ARUVIKKARA VILLAGE, NEDUMANGAD. 2. MAJEEDA BEEVI, AGED 65 YEARS D/O. AISHA BEEVI, RESIDING AT DO..DO.. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.BINDU GEORGE RESPONDENT(S): --------------------------- 1. EXCISE INSPECTOR ARYANADU EXCISE RANGE. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 1060 of 2009 =============================== DATED: 06 .03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 & 3 in Crime No.14 of 2009 of Aryanadu Excise Range for an offence punishable under Section 55(a) and 55(i) of the Abkari Act for allegedly having been found in possession of 1023 litres of spirit seek their enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners' contention that they have 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 their release on bail. With the above observation this application is dismissed. Dated this the 6th day of March, 2009 V.RAMKUMAR, JUDGE. sj