IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2239 of 2008() ----------------------------- CRIME NO.407/07 OF NOORANAD POLICE STATION : PETITIONER/ACCUSED ----------------------------------- YASODHARAN, S/O.KUNJUPILLAI, PRADHANVILAYIL (PANNISSERRY PADEETTATHIL) PULIMEL MURI, NOORANADU, MAVELIKKARA TALUK. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: COMPLAINANT/STATE ------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2239 of 2008 ---------------------------------------- Dated this the 10th day of April 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under the Kerala Abkari Act. The crime was allegedly committed on 08/11/2008. The petitioner, along with the co-accused was allegedly keeping 35 litres of arrack in his possession. The petitioner was arrested in some other crime on 17/2/2008. He continues in custody from that date. The arrest of the petitioner in this crime was recorded on 3/3/2008. The petitioner has six other crimes under the Kerala Abkari Act registered against him, reports the learned Public Prosecutor. The learned Public Prosecutor, in these circumstances, opposes the application. 2. In the wake of the opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if this court is in a position to entertain the twin satisfactions under Section 41A of the Kerala Abkari Act. I do not find any circumstances which can persuade this court to entertain either of those two satisfactions at the moment. 3. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this B.A.No.2239/08 2 court or the learned Sessions Judge for bail at a later stage of the investigation, not at any rate, prior to 19/04/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr B.A.No.2239/08 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007