IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1459 of 2008() ----------------------------- CMP.314/2008 of J.M.F.C.-II, HARIPAD CRIME NO.8/2008 OF KAREELAKULANGARA POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- BINU, S/O.GOPI, KIZHAKKALUMMOOTTIL PATHIYOOR PADINJARE MURI, PATHIYUR VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.K.JAISHANKAR RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1459 of 2008 ---------------------------------------- Dated this the 18th day of March 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 1260 litres of wash on 4/1/2008. He surrendered on 01/02/2008 and continues in custody from that date. Investigation is in progress. Final report has not been filed. The learned Public Prosecutor reports that the petitioner has a history of criminal antecedents. He was an accused in a 302 I.P.C case earlier. He was an accused in an abkari offence also earlier, submits the learned Public Prosecutor. In these circumstances, the learned Public Prosecutor submits that the State is obliged to oppose the application. Some further time is necessary for the investigating officer , it is submitted. 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. B.A.No.1459/08 2 3. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court or the learned Sessions Judge for bail at a later stage of the investigation, not at any rate, prior to 25/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1459/08 3 B.A.No.1459/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007