IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1025 of 2008() ----------------------------- CRIME NO. 273/07 OF THIRUVALLA POLICE STATION CRMP.785/2008 of J.M.F.C.,THIRUVALLA .................... PETITIONER : ACCUSED NO.3 ----------------------------- K.K.RAJU, S/O.KOCHUCHERUKKAN THEKKEKOTTA MELETHIL VEEDU VALLOMKULAM WEST MURI, ERAVIPEROOR VILLAGE THIRUVALLA. BY ADV. SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE SUB-INSPECTOR OF POLICE THIRUVALLA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1025 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The police, on receipt of discreet information, had recovered 7595 litres of spirit from the house of the second accused. This large consignment of spirit was allegedly delivered there by the first accused. The petitioner/A3 had allegedly taken out 5 cans, each containing 35 litres, for sale from the house of the second accused. Of these, two cans he had sold to others. The other three were kept in an adjacent property. It is the case of the petitioner that it was he who furnished information to the police to facilitate detection of the crime. But he has been unfortunately arrayed as an accused and he is being proceeded against. He remains in custody from 23.1.2008. It is prayed that he may be granted regular bail. 2. The learned counsel for the petitioner further points out that the second accused has subsequently been murdered after he was released on bail. B.A.No. 1025 of 2008 2 3. The learned Prosecutor opposes the application. He submits that investigation is not complete and release of the petitioner at this stage is likely to hamper the smooth course of investigation. He submits that while it is true that the petitioner is the informer, his complicity is clearly revealed. That he passed on the information to the police because of some disputes which he had with the other accused is no reason to absolve him from the responsibility of his culpable conduct. In a serious crime like this the Investigators may be given sufficient and reasonable time to complete the investigation, submits the Prosecutor. 4. I have considered all the relevant inputs. 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. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move the B.A.No. 1025 of 2008 3 court for bail again at a later stage of the investigation, not at any rate, prior to 13.3.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm