IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Bail Appl..No. 3609 of 2008() ----------------------------- ( CRIME NO. 27/08 OF RAILWAY POLICE, KOZHIKODE RAILWAY STATION) CMP.2122/2008 of J.M.F.C.-I,KOZHIKODE .................... PETITIONER/ACCUSED --------------------------- SANTHOSHLAL, S/O. BHASKARAN, THAYATTU PURAYIL, KOOTOOLY, KOZHIKODE. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY RAILWAY POLICE, KOZHIKODE RAILWAY STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl.No.3609 of 2008 ------------------------------------------ Dated this the 5th day of June, 2008. ORDER This is a petition for bail. 2. The alleged offence is under Section 55(a) of Abkari Act. Petitioner was found in possession of 3.95 litres of Indian made foreign liquor. He was arrested by the Railway Police from the platform Kozhikode Railway Station with the contraband article. He is in custody since 25.1.2008. 3. This petition is opposed. Learned Public Prosecutor submitted that the petitioner is involved in another crime also under the Abkari Act. Learned counsel for the petitioner was not able to convince this Court that the petitioner shall not repeat the offence or that he is not guilty of the offence. Hence, bail cannot be granted in view of Section 41A of Abkari Act. Petition is dismissed. K. HEMA, JUDGE. Krs.