IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Bail Appl..No. 1027 of 2009() -------------------------------- C.R. NO. 62/2003 of THIRUVANANTHAPURAM EXCISE RANGE .................... PETITIONER/ACCUSED NO.2:- ----------------------------------- PRADEEP, S/O.RETNAKARAN, LENIN COTTAGE KANJIRAMOODU, PAZHAYATHERUVU MURI, ARYANADU VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR. NIREESH MATHEW RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 1027 of 2009 ==================== Dated this the 17th day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 2nd accused in C.R. No. 62 of 2003 of Thiruvananthapuram Excise Range for an offence punishable under sections 55(a) and 58 of the Abkari Act for allegedly having been found in possession of 207 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 17th day of March, 2009. V.RAMKUMAR, JUDGE. rv