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. 847 of 2009() ---------------------------- CMP.438/2009 of J.M.F.C-I.,KASARAGOD CRIME NO. 3/2009 of BEDAKAM POLICE STATION .................... PETITIONER /ACCUSED:- --------------------------- KRISHNAN @ POOCHA KRISHNAN, S/O. RAMAN, AIYYALA HOUSE, KOLLAR VILLAGE, KASARAGOD. BY ADV. MR. T.B.SHAJIMON MS. GOVINDU P.RENUKADEVI RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, BEDAKAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR 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. 847 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. 3 of 2009 of Bedakam Police Station for an offence punishable under section 55(a) of the Abkari Act for allegedly having been found in possession of arrack in two white kannas 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 pr esent 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