Omana vs State Of Kerala on 23 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1263 of 2009()


1. OMANA, AGED 44, D/O.SARASAMMA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY
                       ...       Respondent

                For Petitioner  :SRI.BLAZE K.JOSE

                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.1263 of 2009
                     ---------------------
                       DATED: 23.03.2009

                             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.7 of 2009 of Amaravila Excise

Range for an offence punishable under sec.8(1) and 8(2) of the

Abkari Act for allegedly having been found in possession of 6

litres of arrack seeks her enlargement on bail.

2. The learned Public Prosecutor opposed the

application.

3. It is too early to accept the petitioner’s contention

that she 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

her release on bail.

With the above observation this Application is dismissed.

V.RAMKUMAR, JUDGE.

sj