IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 Bail Appl..No. 970 of 2009() ---------------------------- CMP.342/2009 of J.M.F.C.-III,THRISSUR CRIME NO. 7/2009 of EXCISE RANGE, THRISSUR .................... PETITIONER/ACCUSED:- ------------------------------ MUHAMMED SENSILA, AGED 22 YEARS, S/O.ABDU, ANAKKOTTIL VEETTIL, GURUVAYUR KIZHAKKE NADA,THAIKKAD VILLAGE THRISSUR DISTRICT. BY ADV. MR. M.R.VENUGOPAL MS. DHANYA P.ASHOKAN RESPONDENTS/RESPONDENTS:- ------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR THRISSUR EXCISE RANGE, THRISSUR DISTRICT. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 970 of 2009 ==================== Dated this the 5th day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No. 7 of 2009 of Excise Range, Thrissur for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 825 liters 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. Dated this the 5th day of March, 2009. V.RAMKUMAR, JUDGE. rv