IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 516 of 2008() ---------------------------- CRIME NO. 15/08 OF ARTHUNKAL POLICE STATION CRMP.272/2008 of J.M.F.C.-II, CHERTHALA .................... PETITIONER/ACCUSED ----------------------------------- REJI, S/O. VARGHESE, PUTHENPURACKAL VEEDU, WARD NO.9, PAMPADY PANCHAYATH, KOTTAYAM DISTRICT. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ARTHUNKAL POLICE STATION, ARTHUNKAL. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 516 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st 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 be in possession of 60 bottles of coloured arrack, each containing 1.5 litres on 15.1.2008. The petitioner was arrested and produced before the learned Magistrate on 16.1.2008. He continues in custody from that date. The learned Prosecutor submits that the petitioner is not reported to have any criminal antecedents. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He, who has been remaining in custody from 16.1.2008, may now be enlarged on bail, prays the learned counsel for the petitioner. 3. The learned Prosecutor opposes 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. B.A.No. 516 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 11.2.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm