IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3312 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2746/2008 Dated 02/05/2008 .................... CRIME NO.30/2008 OF THIRUVALLA EXCISE RANGE PETITIONERS/ACCUSED NO.1 AND 2 ----------------------------------------------- 1. NAGENDRAN, PONNALAYAM VEEDU, ULIYANNOOR MURI, ALUVA, ERNAKULAM. 2. ANTONY THOMAS, KALATHIL VEEDU, KARUMADI, AMBALAPPUZHA. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS: COUNTER PETITIONER NO.1 -------------------------------------------------------------------------- 1. EXCISE INSPECTOR, THIRUVALLA EXCISE RANGE, THIRUVALLA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.3312 of 2008 =============================== DATED: 22.05.2008 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos. 1 & 2 in Crime No.30/2008 of Thiruvalla Excise Range for offences punishable under sec.55(a) and 67(B) of the Abkari Act for allegedly having been found in possession of 7000 litres of spirit, seek their enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioners' contention that they have 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 their release on bail. With the above observation this application is dismissed. V.RAMKUMAR, JUDGE. sj