IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 271 of 2008() ---------------------------- CRIME NO.322/07 OF KOZHINJAMPARA POLICE STATION CMP.6886/2007 of J.M.F.C.,CHITTUR CMP.4432/2007 of I ADDL. DISTRICT COURT, PALAKKAD .................... PETITIONER/ACCUSED ----------------------------------- SMITHESH, AGED 26 YEARS, S/O.GOPALAKRISHNAN, PLAMOOTTIL VADAKKETHIL HOUSE, ARANADU P.O., PAYYALLUR, ALAPPUZHA. BY ADV. SRI.K.P.BALAGOPAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 271 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 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 630 litres of spirit in a Maruti van on 26.11.2007. He was the only person in the Maruti car with the contraband liquor. He was chased and apprehended by the police. He continues in custody from that date. Subsequent investigation has revealed that the vehicle number and details were tampered with and the number shown was a fake one. Investigation in that direction is also proceeding. 2. The learned counsel for the petitioner prays that the petitioner, who has remained in custody from 26.11.2007, may now be enlarged on bail. 3. The learned Prosecutor opposes the application. He submits that considering the nature and circumstances of the case and magnitude of the operation as also the stage of investigation the State is obliged to oppose the application. B.A.No. 271 of 2008 2 4. I have considered all the relevant inputs. In the wake of opposition by the Public Prosecutor regular bail can be granted to the 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 the court for bail again at a later stage of the investigation, not at any rate, prior to 28.1.2008. But I make it clear that the option of the petitioner to seek regular bail under the proviso to Section 167(2) Cr.P.C. shall not in any way be fettered by the dismissal of this petition and the observations. (R. BASANT) Judge tm