IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Bail Appl..No. 1208 of 2009() --------------------------------------- CRIME NO.19/2009 OF CHENGANNUR EXCISEA RANGE CMP.1087/2009 of J.M.F.C.-I, CHENGANNUR .................... PETITIONER (S)/ACCUSED (IN CUSTODY): ------------------------- NARAYANAN ACHARI, AGED 50 YEARS, S/O.PALANI ACHARI, MAMBALLIL VEEDU, PERISSERY MURI, PULIYUR VILLAGE, CHENGANNUR TALUK. BY ADV. MR. V.MANOJ KUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY THE EXCISE INSPECTOR, CHENGANNUR EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1208 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 18th day of March, 2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Excise Crime No.19/2009 of Chengannur Excise Range for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of ten 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. mn.