IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7583 of 2008() ----------------------------- CMP.5098/2008 of J.M.F.C.-I,HOSDRUG CRIME NO. 150/2008 OF AMBALATHARA POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- GANESHAN.A, AGED 30/2008, S/O.KUNHIRAMAN NAIR, CHALINGAL, KALATHUMKAL, IN PULLUR VILLAGE OF HOSDURG TALUK. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING AMBALATHARA POLICE CRIME NO.150/2008. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7583 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December,2008 O R D E R Petition for bail. 2. The alleged offence is under section 55(a) of the Abkari Act. According to prosecution, on 11-11-2008 at about 7.50 p.m. police conducted a search in the house of petitioner and they seized 320 litres of Karnataka arrack and 19 litres of Indian Made Foreign Liquor. Petitioner was arrested from the house on the same day. 3. Learned counsel for petitioner submitted that petitioner is in custody from 11-11-2008 onwards and he was remanded on 12-11-2008. 4. Learned Public Prosecutor opposes this petition and submitted that petitioner is involved in six other cases and if he is released on bail, it is likely that he will repeat the offence. 5. On hearing both sides, I am not satisfied that petitioner is not guilty of the offence or that he will not repeat the offence. Hence, in view of section 41A of the Abkari Act, bail cannot be granted. This petition is dismissed. K.HEMA, JUDGE. mn.