IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Bail Appl..No. 702 of 2009() ---------------------------- CRIME NO. 5/2009 OF NEYYATTINKARA EXCISE RANGE CMP.436/2009 of J.M.F.C.-I,NEYYATINKARA .................... PETITIONER: -------------------- SANAL KUMAR S/O.SURENDRAN ALGAMUGAL KADANNOORVILA VEETTIL, ATHIYANNOOR DESOM, ATHIYANNOOR VILLAGE NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. EXCISE INSPECTOR, NEYYATTINKARA EXCISE RANGE, NEYYATTINKARA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 702 of 2009 =============================== DATED: 26.02.2009 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.5 of 2009 of Neyyattinkara Excise Range for an offence punishable under sections 55(a),58 and 67 of the Abkari Act for allegedly having been found in possession of 288 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