IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Bail Appl..No. 1331 of 2009() ----------------------------- CMP.834/2009 of J.M.F.C.,ALATHUR .................... PETITIONERS/ACCUSED NO.1 AND 2:- ------------------------------------------ 1. NAGENDRAN @ NOUPHAL, AGED 35 YEARS, S/O.RAJAGOPALAN, PONNALAYAM, PULIYANNUR, ALUVA. 2. K.K.SUDHEER, S/O.KUNJUMUHAMMED, AGED 24 YEARS, KANNATTUPARAMBU VEEDU, ALUVA. BY ADV. MR. N.K.MOHANLAL RESPONDENTS/ COMPLAINANT:- ------------------------------------- 1. SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 1331 of 2009 --------------------- Dated this the 27th day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 and 2 in Crime No. 120 of 2009 of Alathur Police Station for an offence punishable under section 55 (a) of the Abkari Act for allegedly having been found in possession of 315 liters 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 27th day of March, 2009. V.RAMKUMAR, JUDGE. rv B.A.No. 2