IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Bail Appl..No. 5468 of 2008() ----------------------------- CRMP.2472/2008 of II ADDL. DISTRICT COURT, KOLLAM (CR. NO.58/08 OF SASTHAMKOTTA EXCISE RANGE) PETITIONER/ACCUSED: ------------------------- RADHAKRISHNAN @ VAVACHAN, S/O.RAGHAVAN, NISHA BHAVANAM, MUZHANGODI MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN SRI.THASNIM M.A.ADVOCATE RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR, EXCISE RANGE, SASTHAMKOTTA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5468 of 2008 ------------------------------------------------ Dated this the 2nd day of September, 2008. ORDER Petition for bail. 2. The alleged offences under Section 55(a) and (i) of the Abkari Act. According to prosecution, the petitioner was found selling 4.5 litres of Indian made foreign liquor and he was arrested from the spot on 4.7.2008. 3. Learned counsel for the petitioner submitted that the petitioner is in custody for the past more than 50 days and hence he may be granted bail. 4. Learned Public Prosecutor submitted that petitioner is involved in offences under the Abkari Act ever since 2001. He is an accused in three other cases in the year 2008 itself and this petition is opposed. Learned counsel for the petitioner submitted that the offence is under Section 55(a) of the Abkari Act. But, learned Public Prosecutor submitted that the offence under Section 55(i) of the Abkari Act is also involved. 5. After hearing both sides, I am satisfied that there is no guarantee that the petitioner will not repeat the offence. [B.A.No.5468/08] 2 Learned counsel for the petitioner is not able to substantiate the innocence of the petitioner also. Therefore, in view of Section 41A of the Abkari Act, bail cannot be granted. This petition is dismissed. K. HEMA, JUDGE. Krs.