IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Bail Appl..No. 1217 of 2009() ----------------------------- CMP.713/2009 of J.M.F.C., CHENGANNUR C.R. NO. 2/2009 of CHENGANNUR EXCISE RANGE .................... PETITIONER/IST ACCUSED:- --------------------------------- BABU @ SANTHOSH, S/O.JANARDHANAN, THUNDIYIL PADEETTATHIL, THONAKADU, PULIYOOR P.O., CHENGANNUR TALUK. BY ADV. MR. P.HARIDAS RESPONDENTS/ STATE/COMPLAINANTS:- --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE EXCISE INSPECTOR, CHENGANNUR RANGE. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 1217 of 2009 ==================== Dated this the 16th day of March, 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 Chengannur Excise Range for offences punishable under sections 8(1) (2) and 55(a)of the Abkari Act for allegedly having been found in possession of 15 liters of 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. Dated this the 16th day of March, 2009. V.RAMKUMAR, JUDGE. rv