IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Bail Appl..No. 1465 of 2009() ----------------------------- CRIME NO.27/2009 OF PULLEKEEZHU POLICE STATION PETITIONER/ ACCUSED: ------------------------------------------ JOHNSON, S/O.VARGHESE, AGED 43 YEARS, CHERUMUTTATHU COLANY, NEDUVELA MURI, NEDUPURAM VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: ------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ---------------------- Bail Application No.1465 of 2009 --------------------- DATED: 30.03.09 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 1st accused in Crime No.27 of 2009 of Pullekeezhu Police Station for an offence punishable under Sections 8(1) & (2) of the Kerala Abkari Act for allegedly having been found in possession of 175 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 30th day of March, 2009 V.RAMKUMAR, JUDGE. sj B.A.No. 2