IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Bail Appl..No. 1579 of 2009() ----------------------------- C.R.NO.10/2009 OF KUMBALA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- PADMANABHA POOJARY, S/O.POOVAPA POOJARY, KUNJIRATHUR VEEDU, KULLOR DESOM AND VILLAGE, KASARGOD. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------------ STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, KUMBALA EXCISE RANGE, KASARGOD DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR- SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1579 of 2009 --------------------- DATED:01.04.2009 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.10 of 2009 of Kumbala Excise Range/Police Station for an offence punishable under sections 8 (1) and (2) of the Abkari Act for allegedly having been found in possession of 7.8 lites of Karnataka made arrack 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