High Court Kerala High Court

Kesavan vs State Of Kerala on 11 March, 2009

Kerala High Court
Kesavan vs State Of Kerala on 11 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1017 of 2009()


1. KESAVAN, AGED 50,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.V.MANOJ KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :11/03/2009

 O R D E R
                            V. RAMKUMAR, J.
                   ====================
                   Bail Application No. 1017 of 2009
                   ====================
               Dated this the 11th 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 Excise Crime No. 10 of 2009 of Chengannur

Excise Range for an offence punishable under section 8(1) and (2)

of the Abkari Act for allegedly having been found in possession

of 5 liters 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.

Dated this the 11th day of March, 2009.

V.RAMKUMAR, JUDGE.

rv