IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 1104 of 2009() ----------------------------- CMP.583/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO. 8/2009 of NEYYATTINKARA EXCISE RANGE .................... PETITIONER/IST ACCUSED:- --------------------------------- SATHEESH MOHANAN, AGED 20, S/O.MOHANAN NAIR, KANNAMMOOD HOUSE, NELLIMOOD DESOM, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. MR. R.T.PRADEEP RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 1104 of 2009 ==================== Dated this the 11th day of March, 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. 8 of 2009 of Neyyattinkara Excise Range for offences punishable under sections 55(a), 58 and 67 B of the Abkari Act for allegedly having been found in possession of 330 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. Dated this the 11th day of March, 2009. V.RAMKUMAR, JUDGE. rv