Padmanabha Poojary vs State Of Kerala Represented By on 1 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1579 of 2009()


1. PADMANABHA POOJARY, S/O.POOVAPA POOJARY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.SURESH KUMAR KODOTH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/04/2009

 O R D E R
                          V. RAMKUMAR, J.
                     ----------------------
                 Bail Application No.1579 of 2009
                     ---------------------
                        DATED:01.04.2009

                             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.10 of 2009 of Kumbala Excise

Range/Police Station for an offence punishable under sections 8

(1) and (2) of the Abkari Act for allegedly having been found in

possession of 7.8 lites of Karnataka made 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

B.A.No. 2