IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Bail Appl..No. 1713 of 2009() ----------------------- C.R. NO. 8 OF 2009 OF PARAVUR EXCISE RANGE .................... PETITIONER/5TH ACCUSED ---------------------- V.S.PRADEEPKUMAR, AGED 47 YEARS, S/O.SAHADEVAN, VENNARATHIL, CHALAKKUDI, EAST CHALAKKUDI, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): STATE OF KERALA/COMPLAINANT ------------------------------------------ THE STATE OF KERALA, REP.BY THE CIRCLE INSPECTOR OF EXCISE, ERNAKULAM, PARAVUR EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 1713 of 2009 --------------------- DATED: 03-04-2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 5th accused in C.R. No. 8 of 2009 of Paravur Excise Range, for an offence punishable under Sec. 55 (a) of the Abkari Act of the Abkari Act for allegedly having been found transporting 980 litres of illicit 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. Sd/-V.RAMKUMAR, JUDGE. /true copy/ ani