IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1836 of 2008() ----------------------------- CRIME NO. 57/08 OF AMARAVILA EXCISE RANGE CMP.1179/2008 of J.M.F.C.-I,NEYYATINKARA .................... PETITIONER/IST ACCUSED --------------------------------------- ANIL KUMAR, S/O.PRABHAKARAN, SUJATHA SADANAM, PARAVOOR, ARYANAD, NEDUMANGAD TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, AMARAVILA RANGE. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1836 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th 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 transport 272 litres of arrack in a car on 16.8.2007. When the car was intercepted, the petitioner allegedly abandoned the car with the contraband article and took to his heels. The Excise Officials were able to spot the petitioner who ran away from the scene of the crime in the torch light that was flashed. From the vehicle 272 litres of arrack was seized. In the car there was a driving licence with the photograph of the holder on it. The detecting officials identified the person who ran away as one whose photograph was available in the driving licence. The petitioner was not available for arrest. He was arrested long later on 4.3.2008. He continues in custody from that date. Investigation is in progress. Final report has not been filed yet. B.A.No. 1836 of 2008 2 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. According to him, he was not present in the car at the relevant time. The identification made by the Excise officials is incorrect. His driving licence happened to be available in the car under entirely different circumstances. He had earlier taken the car from one Soman. The car had met with an accident. The vehicle was entrusted for repair. The driving licence happened to be left in the dash board of the car. The petitioner may now be enlarged on bail, prays the learned counsel. 3. The learned Prosecutor submits that the petitioner has no criminal antecedents. But in the peculiar facts and circumstances of this case, considering the nature and quantity of the contraband liquor seized, the State is obliged to oppose the application. He submits that 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 B.A.No. 1836 of 2008 3 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 this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 7.4.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm