IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Bail Appl..No. 1232 of 2009() ----------------------------- CR NO.176/2005 OF MAVELIKKARA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SREENIVASAN, S/O.NARAYANAN, AGED 43 YEARS, CHAKKALATH VEEDU, ERAMATHOOR MURI, THRIPERUTHARA VILLAGE, MAVELIKKARA MURI. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1232 OF 2009 --------------------- DATED: 01.04.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No.176 of 2005 of Mavelikkara Excise Range for an offence punishable under section 8(1)(2)of the Abkari Act for allegedly having been found in possession of 1.3 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