Abu vs Excise Inspector on 23 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1348 of 2009()


1. ABU,S/O.PAREED KUNJU, AGED 72 YEARS
                      ...  Petitioner
2. MAJEEDA BEEVI, AGED 65 YEARS,

                        Vs



1. EXCISE INSPECTOR, ARYANADU EXCISE RANGE
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/03/2009

 O R D E R
                          V. RAMKUMAR, J.
                     ----------------------
                 Bail Application No.1348 of 2009
                     ---------------------
                         DATED: 23.03.2009

                             O R D E R

In this Petition filed under Sec. 439 Cr.P.C. the petitioners

who are the 1st and 3rd accused in C.R. No.14 of 2009 of

Aryanadu Excise Range for an offence punishable under sec.55

(a) and 55(i) of the Abkari Act for allegedly having been found in

possession of 1223 litres of spirit seeks their enlargement on

bail.

2. The learned Public Prosecutor opposed the

application.

3. It is too early to accept the petitioners’ contention

that they have 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 their release on bail.

With the above observation this Application is dismissed.

V.RAMKUMAR, JUDGE.

sj