IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Bail Appl..No. 3708 of 2008() ----------------------------- PETITIONER --------------------------- MANOHARAN PILLAI, (PRESENTLY IN CUSTODY) S/O CHELLAPPAN PILLAI, BOUNGLAVIL HOUSE, NEDUVATHOOR VILLAGE, KOTTARAKKARA. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT: ------------- STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, KOTTARAKKARA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3708 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2008 O R D E R Application for bail. 2. According to the prosecution, petitioner was found engaged in selling of Indian Made Foreign Liquor on 26-5-2008. He was arrested and the articles were seized. He was having in his possession 15.750 litres of Indian Made Foreign Liquor. The learned counsel for the petitioner submitted that the incident happened near the Beverages Corporation and the petitioner has not committed any offence. 3. This application is opposed. Only because the incident happened near the Beverages Corporation bail cannot be granted. This circumstance alone is not sufficient at this stage to substantiate the innocence of the petitioner. Hence, bail cannot be granted in view of section 41A of the Abkari Act . The application is dismissed. K. HEMA, JUDGE. mn.