IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Bail Appl..No. 1556 of 2009() ----------------------------- CRIME NO.32/2006 OF VADAKARA EXCISE RANGE PETITIONER --------------------- MUHAMMED HANEEFA ,S/O.ABOOBACKER HAJI SHAINAS MANZIL HOUS, PAPPAYA THODIYIL UPPALA PO, UPPALA AMSOMD DESOM KASARAGOD TALUK,. KASARGOD DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------------------- STATE OF KERALA, THROUGH EXCISE INSPECTOR, VADAKARA REPRESENTED BY PUBLIC PROSECUTOR, COMPLAINANT, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1556 of 2009 --------------------- DATED:31.03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in Crime No.32 of 2006 of Vadakara Excise Range for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 1400 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. sj B.A.No. 2