IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Bail Appl..No. 1203 of 2009() -------------------------------- CR. NO. 6/2009 of KALLOORKAD POLICE STATION .................... PETITIONER/2ND ACCUSED:- ---------------------------------- SHAJI VARGHESE, AGED 32 YEARS, S/O.VARGHESE, RESIDING AT KAYANTHINGAL HOUSE, RAJAMUDI KARA, VATHIKUDY VILLAGE, MURIKKASSERY. BY ADV. MR. A.T.ANILKUMAR MR. DALBI EMMANUEL PALMOOTTIL RESPONDENT/ RESPONDENT/ COMPLAINANT:- --------------------------------------------------- THE STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. BY THE SUB INSPECTOR, KALLOORKAD POLICE STATION IN CRIME NO. 6/2009. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 1203 of 2009 ==================== Dated this the 16th 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 Cr. No. 6 of 2009 of Kalloorkad Police Station for an offence punishable under section 55 (a) of the Abkari Act for allegedly having been found in possession of 90 liters of illicit coloured liquor 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 16th day of March, 2009. V.RAMKUMAR, JUDGE. rv