IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1107 of 2008() ----------------------------- CRIME NO. 273/07 OF THIRUVALLA POLICE STATION CMP.256/2008 of J.M.F.C.,THIRUVALLA .................... PETITIONER/1ST ACCUSED --------------------------------------- ANOOSH @ ANI, S/O. BHADRAN, NADUVILETHIL (KOCHETHUPADINJARETHIL), KANIYAMPARA COLONY, PADINJATTOTHARA KARA, KUTTUR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS: COUNTER PETITIONER ------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1107 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2008 O R D E R Application for regular bail. The petitioner is the first accused. Altogether there are eight accused persons. Four of them have been identified and four of them are yet to be identified. 7595 litres of spirit were found stored in the residential premises of the second accused. The petitioner/A1 was also present in the premises. The police party had searched the premises on getting information about the storage of the contraband article there. Search took place and the second accused was arrested on 20.4.2007. The petitioner had allegedly unloaded the consignment in the premises of the second accused. He was not arrested. He surrendered long later on 10.1.2008. The name of the petitioner appears in the seizure mahazar and the F.I.R. 2. The learned Prosecutor submits that the investigation is in progress. The investigators have not received sufficient time B.A.No. 1107 of 2008 2 after the arrest of the petitioner to complete the investigation. The second accused was subsequently murdered on 24.11.2007 and it is apprehended that his role in the present crime had led to his murder. Investigation in that crime is not complete. At any rate, the Investigators may be given some further time to complete the investigation in a serious crime like this, submits the learned Prosecutor. 3. In the wake of opposition by the Public Prosecutor regular bail can be granted to the petitioner only if this court is in a position to entertain both the satisfactions contemplated under Section 41A of the Kerala Abkari Act. In the facts and circumstances of this case, I am unable to entertain either of those satisfactions. I am satisfied that the petitioner does not deserve to be enlarged on bail at this early stage. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the dismissal of this petition will not fetter the rights of the petitioner to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 10.3.2008. I may further observe that if the petitioner is B.A.No. 1107 of 2008 3 entitled for bail by default under the proviso to Section 167(2) Cr.P.C., the dismissal of this petition or the above observations will not in any way fetter his rights to claim bail by default before that date i.e. 10.3.2008. (R. BASANT) Judge tm