IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Bail Appl..No. 1995 of 2009() ----------------------------- CRIME NO.437/2009 OF KADAVANTHRA POLICE STATION PETITIONER (S): -------------------- USHA, D/O. BALAKRISHNAN, AGED 59 YEARS, KAVALAMPILLIPADAM, PARADISE ROAD, PONNURUNNI, VYTTILA, KOCHI - 19. BY ADV. SRI.V.B.UNNIRAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, KOCHI -20. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A.No. 1995 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of April, 2009 O R D E R This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioner is the 1st accused in Crime No.437/2009 of the Kadavanthra Police Station for the offences punishable under Sections 55(a) and (i) of the Abkari Act. 3. This petition is opposed by the learned Public Prosecutor. 4. On going through the records, it cannot be said that the petitioner is totally innocent. Admittedly, the contraband article was seized from the house of the petitioner. In the light of the fact that investigation is going on and restriction imposed under Section 41A (1)(b) of the Abkari Act, it may not be proper to grant bail now. This application is, accordingly, dismissed. P.BHAVADASAN, JUDGE. mn.