IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 8TH OCTOBER 2007 / 16TH ASWINA 1929 Bail Appl..No. 5923 of 2007() ----------------------------- CRMP.3196/2007 of II ADDL. DISTRICT COURT, PALAKKAD CRIME NO.18 OF 2007 OF CHERPULASSERY EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- VISWANATHAN, AGED 52 YEARS, S/O RAMAN, OLIPPARA VEEDU, NHALAKURUSSI DESOM, VELLINEZHI VILLAGE, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING EXCISE INSPECTOR, CHERPULASSERY EXCISE RANGE. BY PUBLIC PROSECUTOR PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.5923 of 2007 ------------------------------------- Dated this the 8th day of October, 2007 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 52 litres of spirit on 3.9.07. He was arrested and continues in custody from that date. The learned counsel for the petitioner submits that the petitioner is innocent. He may be granted anticipatory bail. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that considering the nature of the contraband article and its quantity, the State is obliged to oppose the application for regular bail now. In a serious crime like this, the investigator may be granted reasonable time to complete the investigation, submits the learned Public Prosecutor . 3. In the wake of opposition by the learned Public Prosecutor 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. I am unable to find any features in this case to entertain either of those two satisfactions. I find merit in the opposition of the learned Public Prosecutor. In a case like this B.A.No.5923 of 2007 2 investigator is certainly entitled to reasonable further time to complete the investigation. 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 12.10.2007. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-