IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3413 of 2008() ----------------------------- CMP.2491/2008 of J.M.F.C.,KATTAKADA CR.NO.31/08 OF EXCISE RANGE, KATTAKKADA .................... PETITIONER/ACCUSED ----------------------------------- THANKAMONY, D/O.THAMARAKSHI, RESIDING AT BAIJU VILASOM, MANNAMKONAM KARODE DESOM, VILAPPIL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.SARIN PANICKER SRI.SASITH PANICKER RESPONDENT: ------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3413 of 2008 ------------------------------------------- Dated this the 28th day of May, 2008 ORDER Heard. 2. The offence is under Section 8(1) and 8(2) of Abkari Act. According to the prosecution, petitioner was found in possession of 4 litres of arrack. Petitioner is in custody from 13.5.2008 onwards. 3. The petition is opposed. The learned public prosecutor submitted that the investigation is at the initial stage. There is nothing to show that the petitioner is innocent against the allegations made. Hence, in view of Section 41 bail cannot be granted. The bail application is dismissed. K.HEMA, JUDGE csl