IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8127 of 2007() ----------------------------- CRMP.7849/2007 of J.M.F.C.,THIRUVALLA CRIME NO.144/2007 OF PERUMPETTY POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- ANIL KUMAR, S/O.SANKARANARAYANAN, NARAKATHINAMKUZHI VEEDU, THUNDIYAPPARA, KOTTANGAL VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR, PERUMPETTY POLICE STATION. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.8127 of 2007 ---------------------------------------- Dated this the 8th day of January 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 34 litres of spirit on 07/12/2007. He was arrested and continues in custody from that date. The petitioner has five other crimes under the Kerala Abkari Act registered against him already, submits the learned Public Prosecutor. 2. The learned Public Prosecutor opposes the application. 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. I am satisfied that this petition deserves to be dismissed now. 3. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this B.A.No.8127/07 2 court or the learned Sessions Judge for bail at later stage of the investigation, not at any rate, prior to 22/01/2008. 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.8127/07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007