IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Bail Appl..No. 1869 of 2009() ----------------------------- CMP.1271/2009 of J.M.F.C.,VADAKARA CRIME NO. 93/2009 of EDACHERY POLICE STATION .................... PETITIONER/ACCUSED:- ---------------------------- SUNIL KUMAR, S/O.BALAGOPALAN NAIR, AGED 39/2009, VALIYAMBRATH THAZHA KUNI HOUSE, KURINHELIYOD, MUYIPRA AMSOM. BY ADV. MR. ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT:- -------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, EDACHERY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 1869 of 2009 --------------------- Dated this the 8th day of April, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No. 93 of 2009 of Edachery Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 1 ½ liters of Indian made foreign liquor 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 8th day of April, 2009. V.RAMKUMAR, JUDGE. rv B.A.No. 2