IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 982 of 2009() ---------------------------- CMP.92/2009 of J.M.F.C.-II,THAMARASSERY CRIME NO.9/2009 of THIRUVAMBADI POLICE STATION .................... PETITIONER/ACCUSED:- ---------------------------- SASIKUMAR, AGED 33 YEARS, S/O.KRISHNAN NAIR, KIZHAKKUVEETTIL HOUSE, KOODARANHI AMSOM AND DESOM OF KOZHIKODE DISTRICT. BY ADV. MR. JACOB ABRAHAM MS. KOCHUMOL KODUVATH RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVAMBADI POLICE STATION, KOZHIKODE. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ==================== Bail Application No. 982 of 2009 ==================== Dated this the 4th day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No.9 of 2009 of Thiruvambadi Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of 12 liters 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. Dated this the 4th day of March, 2009. V.RAMKUMAR, JUDGE. rv