IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1890 of 2008() ----------------------------- CMP.1600/2008 of J.M.F.C.,KASARAGOD CRIME NO.155/2005 OF BEDAKAM POLICE STATION .................... PETITIONER/ACCUSED: ----------------- P.A.HARRIS @ B.T.HARIS,S/O.AMU, POTIPPALAM, INDIRA NAGAR,CHENGALA GRAMAM. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1890 of 2008 ---------------------------------------- Dated this the 26th 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 transporting 6,000 packets of arrack, each containing 100 ml, in a car. There were two persons in the car. They abandoned the car and took to their heels. The petitioner was arrested long later on 3/3/2008. He continues in custody from that date. The learned Public Prosecutor reports that the petitioner has three other cases also registered against him under the Kerala Abkari Act. 2. The learned counsel for the petitioner submits that the petitioner is innocent. The learned Public Prosecutor opposes the application. Though the crime was detected as early as on 23/11/2005, the State is obliged to oppose the application considering the nature and quantity of the contraband article as also the criminal antecedents of the petitioner, submits the learned Public Prosecutor. 3. 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 B.A.No.1890/08 2 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. 4. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court for bail again at a later stage of the investigation, not at any rate, prior to 07/04/2008. 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.1890/08 3 B.A.No.1890/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007