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. 849 of 2009() ---------------------------- CMP.352/2009 of J.M.F.C.-II,NEYYATTINKARA CRIME NO. 3/2009 of KATTAKKADA EXCISE RANGE .................... PETITIONER/ACCUSED:- --------------------------- LALITHA, AGED 56, D/O. AMMUKUTTY, KANIYAMKONAM, MALAYINKEEZH DESOM, MALAYINKEEZH VILLAGE. BY ADV. MR. BLAZE K.JOSE RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, RPE. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, KATTAKKADA EXCISE RANGE. ADV. MR. K.S. SIVAKUMAR 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. 849 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 accused in Crime No. 3 of 2009 of Kattakkada Excise Range for an offence punishable under section 13 and 55(i) of the Abkari Act for allegedly having been found in possession of 5 liters of Indian made Foreign Liquor seeks her enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioner's contention that she 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 her release on bail. With the above observation this Application is dismissed. Dated this the 11th day of March, 2009. V.RAMKUMAR, JUDGE. rv