IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Bail Appl..No. 1131 of 2009() ----------------------------- C.R. NO. 8 OF 2009 OF TRIVANDRUM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- RAJESH KUMAR, AGED 38 YEARS, S/O.DINESAN UNNI, MULLUVENGAMOODU, `VIPANCHIKA', MANOORKONAM, KARIPPOOR DESOM, KARIPPOOR VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, THIRUVANANTHAPURAM EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.1131 of 200 =============================== DATED: 12 .03.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R. No.8 of 2009 of Thiruvananthapuram Excise Range for an offence punishable under section 55(a) & 65 of the Abkari Act for allegedly having been found in possession of 340 litres of spirit 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. Dated this the 12th day of March, 2009 V.RAMKUMAR, JUDGE. sj