IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2442 of 2008() ----------------------------- CRMP.1172/2008 of II ADDL. DISTRICT COURT, PALAKKAD CRIME NO.322/07 OF KOZHINJAMPARA POLICE STATION .................... PETITIONER/3RD ACCUSED: ---------------------------------------- NAVEEN JOSEPH MATHEW, AGED 25 YEARS, S/O. MATHEW VARGHESE, VARIYATH HOUSE, PULLUPRAM, ANGADI, RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SANTHARAM SRI.ANTO THOMAS SRI.LAKSHMEESH.S.KAMATH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR,KOZHINJAMPARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2442 of 2008 ------------------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly involved in transportation of 630 litres of spirit on 26/3/08. Accused No.1 in a car was found to transport 630 litres of spirit. He was intercepted by the police. His attempt to escape was foiled. His mobile details were decoded. His confession statement was recorded. That led the police to A2. The confession statements of A1 and A2 as also the call details from the mobile phones confirmed the involvement of the petitioner herein. He was arrayed as the third accused. He was arrested on 26/3/08. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the B.A. No. 2442 of 2008 -: 2 :- petitioner is absolutely innocent. Except the alleged call details which show that a call had gone from the telephone of the brother of the petitioner to A2 and the alleged confession statements of A1 and A2, there are no materials to indicate the complicity of the petitioner. The petitioner is a M.B.A. student, who has to face his examination in June, 2008. It is prayed that the petitioner may now be enlarged on bail. 3. The application is opposed by the learned Public Prosecutor. The learned Public Prosecutor submits that the available inputs clearly point to the complicity of the petitioner. Investigation is at an early stage, though the crime was registered as early as on 26/11/07. In a serious crime like this, the Investigator may be granted reasonable time to complete the investigation. This petition may now be dismissed, it is prayed. 4. In the wake of opposition by the learned Public Prosecutor, bail can be granted to the petitioner only if this Court is in a position to entertain both the satisfactions contemplated in Sec.41A of the Kerala Abkari Act. I am unable to entertain either of those two satisfactions at the moment and with the available inputs. 5. This petition, in these circumstances, dismissed; but with the observation that the petitioner shall be at liberty to B.A. No. 2442 of 2008 -: 3 :- move this Court for bail at a later stage of the investigation – not at any rate, prior to 16/5/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge