IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Bail Appl..No. 3469 of 2008() CRIME NO. 42/2008 OF AMARAVILA EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- VIJAYAN, S/O.ISAC, MANCHAMKULAM VEEDU, POTTAKUZHY, KANNAMKUZHY, AMARAVILA, NADOORKOLLA DESOM, KOLLAYIL VILLAGE, AGE 47. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, AMARAVILA EXCHANGE RANGE. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3469 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R Application for bail. 2. According to the prosecution, petitioner was found in possession of 2 ½ litres of arrack on 10-5-2008 at 7 p.m. He was arrested on the same day and he is in judicial custody. 3. This application is opposed. Learned Public Prosecutor submitted that the petitioner is involved in other cases under the Abkari Act and hence it is likely that he will repeat the offence. Learned counsel for the petitioner would not substantiate the petitioner's innocence in the matter or ensure that the petitioner will not repeat the offence. Hence, in view of section 41A of the Abkari Act bail cannot be granted. The application is dismissed. K. HEMA, JUDGE. mn.