IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1421 of 2008() ----------------------------- CMP.1037/2008 of J.M.F.C.-I,NEDUMANGAD CMP.1038/2008 of J.M.F.C.-I,NEDUMANGAD CRIME NO.24/08 OF VATTAPPARA POLICE STATION .................... : PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. GANESAN, S/O. VALUNNI, SARASWATHI MANDIRAM, MOTTAMMOODU, VETTINADU MURI, VEMBAYAM VILLAGE, (AT THYKAMBU PANICKER HOUSE, VANDIDANGU VILLAGE, CHAMBAKKADU TALUK, THRISSUR DIST.) 2. JAYAN, S/O. RAGHAVAN PILLAI, KEEZHEKUNNAM PURATHU VEEDU, KANACODE, KANACODE WARD, VATTAPPARA VILLAGE. 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 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1421 of 2008 ---------------------------------------- Dated this the 7th 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 engaged in the transportation of 42 litres of spirit in a Maruti car on 2/2/2008. They were intercepted and arrested. They continue in custody from that date. The petitioners have no history of any criminal antecedents, reports the learned Public Prosecutor. 2. The learned counsel for the petitioner prays that the petitioners may now be enlarged on bail. They have remained in custody from 02/02/2008. 3. The learned Public Prosecutor submits that the State is obliged to oppose the application considering the nature and quantity of the contraband article involved. 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.1421/08 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 19/03/2008. 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.1421/08 3 B.A.No.1421/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007