IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Bail Appl..No. 1679 of 2009() ----------------------------- CRIME NO.68/2009 OF NEDUMANGADU POLICE STATION PETITIONER/ACCUSED NO.3 ------------------------------------------- THASMEER.K.MUHAMMED,S/O.MUHAMMED, KOCHUTHUNDIYIL VEEDU, PANAYALLY DESOM, CHENGALAM VILLAGE, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT ---------------------------------------------------------- THE SUB INSPECTOR OF POLICE,NEDUMANGADU POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1679 of 2009 --------------------- DATED: 2.04.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 3rd accused in Crime No.68 of 2009 of Nedumangad Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 875 litres 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. V.RAMKUMAR, JUDGE. sj B.A.No. 2