IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Bail Appl..No. 1436 of 2009() ----------------------------- CRIME NO.7 OF 2009 OF THIRUPURAM EXCISE RANGE CMP.849/2009 of J.M.F.C.-I,NEYYATINKARA .................... PETITIONER ------------------------ MURALEEDHARAN, S/O.NARAYANAN THOPPUVILAKATHU VEEDU, THANNIMOOD, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1436 of 2009 --------------------- DATED:24.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.7 of 2009 of Thirupuram Excise Range for offences punishable under sections 8(i) and (ii) of the Abkari Act for allegedly having been found in possession of 2 litres 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. V.RAMKUMAR, JUDGE. sj B.A.No. 2