IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 7164 of 2008() ----------------------------- CMP.5805/2008 of J.M.F.C.,KATTAKADA CRIME NO. 72/2008 OF KATTAKADA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SOBHY, D/O THANKAMMA, KADUKKARATHALA PUTHEN VEEDU, MANJARAMOOLAYIL, MANNADIKKONAM, MARANALLOOR DESOM, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7164 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November,2008 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner was found in possession of five litres of arrack on 30-10-2008. 3. Learned counsel for petitioner submitted that petitioner was arrested on6-11-2008 and she is in custody since then. Learned Public Prosecutor opposed this petition and submitted that petitioner is an accused in another similar crime. She had committed the offence in this case while she was in bail in the other case. Hence, bail may not be granted to petitioner, it is submitted. Learned Public Prosecutor also submitted that if this court is pleased to grant bail, stringent condition may be imposed. 4.On hearing both sides, I am satisfied that it is not a fit case to grant bail. Petitioner was not able to substantiate that she will not repeat the offence or that she is innocent of the allegations made. This petition is dismissed. K.HEMA, JUDGE. mn.