IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3385 of 2008() --------------------------------------- CRIME NO. 22/2008 OF KAYAMKULAM EXCISE RANGE ... PETITIONER : ACCUSED ------------------------ PHALGUNAN, S/O.SANKARAN VENATTU RATHEESH BHAVANAM, PERINGALA MURI KAYAMKULAM VILLAGE, KARTHIKAPALLY TALUK BY ADV. SRI.S.MOHANAN RESPONDENT: ---------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ====================== B.A.No.3385 of 2008 ========================= Dated this the 27th day of May, 2008 ORDER This is an application for bail. 2. According to the prosecution, the petitioner was found selling Indian Made Foreign Liquor in a lane near to Erezha-Mavelikara road. He was arrested and 1.300 litres of Foreign liquor was seized from his possession. One glass and measuring vessel were also recovered. The offences alleged are under Section 55 (i) of the Kerala Abkari Act. 3. The learned counsel appearing for the petitioner submitted that the petitioner is running a hotel and he is absolutely innocent of the allegations made. But learned Public Prosecutor argued that the petitioner is involved in four other cases where the allegation was that he is engaged in sale of Indian Made Foreign Liquor. Therefore, he is habitually engaged in sale of Indian Made Foreign liquor and the petitioner is supposed. 4. The learned counsel appearing for the petitioner pleading ignorance of pendency of such cases. But respondent mentioned the numbers as Cr.21/05, 44/05, 47/06, 103/06. 5. On hearing both sides, I am not inclined to grant bail to the petitioner in view of Section 41A since there is nothing to indicate that petitioner is not guilty and that he will not repeat the offence. This petition is dismissed. K.HEMA,JUDGE dvs