IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Bail Appl..No. 1272 of 2009() --------------------------------------- CRIME NO.58/2009 OF EDACHERI POLICE STATION .................... PETITIONER (S) ACCUSED NO.2 ------------------------------ KHADEEJA ,W/O.HAMZA, THEKKEVEETIL HOUSE, NOORANTHODE PO, KODANCHERI, KOZHIKODE. BY ADV. MR.DILIP MOHAN RESPONDENT(S): COMPLAINANT/ STATE ----------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER EDACHERI POLICE STATION, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1272 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 18th 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 Crime No.58/2009 of Eadacheri Police Station for offences punishable under sections 55(a) of the Abkari Act and 9 of the Foreign Liquor Rules for allegedly having been found in possession and transportation of 94 litres of Indian Made Foreign 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. V. RAMKUMAR, JUDGE. mn.