IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1375 of 2009() -------------------------------- CRIME NO. 11/2009 of ARYANADU EXCISE RANGE PETITIONER/ACCUSED:- ---------------------------- PUSHPALETHA, D/O.BHARATHI, SIMI BHAVAN, UNDAPPARA, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. MR. P.K.MUHAMMED RESPONDENT/COMPLAINANT:- ---------------------------------- THE EXCISE INSPECTOR, ARYANAD, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No. 1375 of 2009 --------------------- Dated this the 23rd day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in Crime No. 11 of 2009 of Aryanadu Excise Range for an offence punishable under sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 1 ½ of illicit arrack seeks her enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioner's contention that she 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 her release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. rv B.A.No. 2