IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1027 of 2009()
1. PRADEEP, S/O.RETNAKARAN,LENIN COTTAGE
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :17/03/2009
O R D E R
V. RAMKUMAR, J.
====================
Bail Application No. 1027 of 2009
====================
Dated this the 17th day of March, 2009.
O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitioner
who is the 2nd accused in C.R. No. 62 of 2003 of
Thiruvananthapuram Excise Range for an offence punishable
under sections 55(a) and 58 of the Abkari Act for allegedly
having been found in possession of 207 liters 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 17th day of March, 2009.
V.RAMKUMAR, JUDGE.
rv