IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1750 of 2008() ----------------------------- CMP.1199/2008 of J.M.F.C.-I,NEYYATINKARA CRIME NO.11/08 OF NEYYATINKARA EXCISE RANGE .................... : APPLICANT/ACCUSED: ----------------------------------- AMBILY, S/O. KUTTAPPAN, IKULATHU PUTHEN VEEDU, CHEMMANNUVILA, VADACODE DESOM, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.V.SREEJITH RESPONDENTS: COUNTER PETITIONER: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1750 of 2008 ------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 5 litres of arrack on 16.02.08. He was arrested and continues in custody from that date. The learned Public Prosecutor submits that the petitioner has 6 other cases, all under the Abkari Act, registered against him and in these circumstances, the State is obliged to oppose the application for regular bail now. 2. In the wake of opposition by the learned Public Prosecutor, which opposition, I find is just and fair, regular bail can be granted to the petitioner only if this Court is in a position to entertain both satisfactions contemplated under Section 41 A of the Kerala Abkari Act. At the moment and with the available inputs, I am unable to entertain either of those two satisfactions. I find merit in the opposition of the learned Public Prosecutor. This application must and does hence fail. B.A.No.1750 of 2008 2 3. This application is, in these circumstances, dismissed. I may hasten to observe that the petitioner shall be at liberty to move the courts below or this Court for bail again at a later stage of the proceedings, not, at any rate, prior to 31.03.2008. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-