IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 418 of 2008() ---------------------------- CMP.10349/2007 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.914/2007 OF KOTTARAKARA POLICE STATION .................... PETITIONER/8TH ACCUSED: ------------------------- ANTO, S/O.DOMINIC, AGED 34, KIDARAPOIKA PUTHENVEEDU, NANTHIRIKKAL MURI, PANNAD VILLAGE, KOLLAM TALUK. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.K.P.PRATHEEP ROY RESPONDENTS: RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKARA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.418 of 2008 ------------------------------------- Dated this the 25th day of January, 2008 ORDER Application for regular bail. Petitioner is the 8th accused. Altogether there are 9 accused persons. They face allegations for offences punishable under the Kerala Abkari Act. On 01.12.07, a lorry was intercepted under suspicious circumstances. 2,385 litres of spirit were being carried in the lorry in a secret chamber. Accused 1 and 2, the driver and cleaner, were apprehended by the police party. Investigation continued. The complicity of the other accused was revealed in the course of investigation. The role assigned to the petitioner herein is that he has links with persons and groups engaged in the activity of transportation of illicit spirit. At the instructions of the 7th accused, the petitioner had allegedly got into the lorry carrying spirit. He had moved along with accused 1 and 2 in the lorry from Adoor to Kottarakkara. The vehicle was stopped near a petrol bunk. At that stage, the police party reached the scene. The petitioner allegedly escaped from the scene leaving accused 1 and 2 to be apprehended by the police. Accused 1 and 2, after arrest, did not B.A.No.418 of 2008 2 initially reveal the details of the petitioner. But in the course of investigation, it was realised that the petitioner was also in the vehicle from Adoor to Kottarakkara and the he had run away on seeing the police party. Investigation is in progress. Final report has not been filed. Some of the co-accused remain to be apprehended. The petitioner was arrested on 09.12.07. He continues in custody from that date. 2. The learned counsel for the petitioner prays that the petitioner may now be enlarged on bail. He is innocent, it is submitted. In any view of the matter, the petitioner may be granted bail subject to any appropriate conditions, it is prayed. 3. The learned Public Prosecutor opposes the application and in the light 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 both satisfactions contemplated under Section 41 A of the Kerala Abkari Act. On the materials presently available and at the present stage, I am unable to entertain either of those two satisfactions. I find merit in the opposition by the learned Public Prosecutor. In a case like the investigator is certainly entitled to reasonable further time to complete the investigation. B.A.No.418 of 2008 3 4. 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 08.02.2008. The investigator shall in the meantime make every endeavour to complete the investigation. Needless to say that the petitioner's right to claim bail by default under the proviso to Section 167(2) Cr.P.C shall remain unfettered by the dismissal of this petition and the observations made in this order. (R.BASANT, JUDGE) rtr/-