IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Bail Appl..No. 851 of 2009() ---------------------------- CRIME NO. 15 OF 2009 OF KOTTARAKKARA EXCISE RANGE CMP.1105/2009 of J.M.F.C.-I,KOTTARAKKARA .................... ACCUSED -------------- PHILIP, AGED 52 YEARS, S/O. PAPPY, CHARUVILA PUTHEN VEEDU, POOVATTOOR WEST, KULAKKADA VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KOTTARAKKARA EXCISE RANGE, KOTTARAKKARA. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 851 of 2009 =============================== DATED: 24.02.2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the accused in C.R. No.15 of 2009of Kottarakkara Excise Range for an offence punishable under section 8(1) & (2) of the Abkari Act for allegedly having been found in possession of 4 litres of arrack 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. V.RAMKUMAR, JUDGE. sj