IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1265 of 2009() ----------------------------- CMP.1555/2009 of J.M.F.C.-II,NEYYATTINKARA .................... C.R.NO.2 OF 2009 OF AMARAVILA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SUSEELA, AGED 63, D/O. KALLYANI, CHARUVILAKAM LAKSHAM VEEDU, MEKKOLLA DESOM, KOLLAYIL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, AMARAVILA EXCISE RANGE. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1265 of 2009 --------------------- DATED: 23.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No.2 of 2009 of Amaravila Excise Range for an offence punishable under sec.8(1) and 8(2) of the Abkari Act for allegedly having been found in possession of 6 litres of arrack seeks her enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners' contention that she 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 her release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. sj B.A.No. 2