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. 1557 of 2008(A) ------------------------------ CMP.1206/2008 of J.M.F.C.-I,NEDUMANGAD .................... CR.NO.27/2008 OF ARYANAD EXCISE RANGE : PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. AJAYAN @ KANNAN, S/O. SISUPALAN, PIRAPPANCODE VEEDU, ARYANAD, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. 2. BINU, S/O. SAIMON, KIZHANGUVILA KUNNIL, ATTARIKATHU VEEDU, AYYAPPANKUZHI, PUTHUKULANGARA MURI, UZHAMALAKKAL VILLAGE, NEDUMANGAD TALUK, AT PONNEDUTHA THONDAL PUTHEN VEEDU, KONNIYOOR MURI, PEERUMKULAM VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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.1557 of 2008 ---------------------------------------- Dated this the 18th day of March 2008 O R D E R Application for regular bail. The petitioners face allegations under the Kerala Abkari Act. They were allegedly found in possession of 20 litres of spirit and 70 litres of arrack on 11/2/2008. They were arrested and continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are innocent. He prays that regular bail may be granted to the petitioners now. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor points out that the nature and quality of the offences alleged is serious and grave and in these circumstances, the State is obliged to oppose the application for regular bail. 4. 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.1557/08 2 5. 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 27/03/2008. 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.1557/08 3 B.A.No.1557/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007