IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Bail Appl..No. 1433 of 2009() --------------------- CR. NO. 5 OF 2009 OF SASTHAMCOTTA EXCISE RANGE PETITIONER/ACCUSED ----------------- SUJITH, AGED 40 YEARS, S/O. SURENDRAN, SUJITH BHAVAN, IVERKALA NADUVILE MURI, KUNNATHUR VILLAGE, KUNNATHUR TALUK. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, THIRUVALLA EXCISE RANGE. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 1433 of 2009 --------------------- DATED: 24-03-2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No. 5/09 of Sasthamcotta Excise Range for an offence punishable under Sec. 8(2) of the Abkari Act for allegedly having been found in possession of 2 litres of arrack seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application and submitted that the petitioner is involved in four other cases. 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 24th day of March, 2009. Sd/-V.RAMKUMAR, JUDGE. ani /true copy/ B.A.No. 2