IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2663 of 2008(P) ------------------------------ C.R.NO.6/08 OF MALLAPPALLY EXCISE RANGE PETTIONER/A4 ----------------- PRASANNAN,AGED 60,S/O.AZHAKAN,ASHOK BHAVAN,KUNNATHUKARA MURI,KOIPURAM VILLAGE, THIRUVALLA. BY ADV. SRI.AJITH MURALI SRI.K.V.ANIL KUMAR RESPONDENTS: ------------- STATE OF KERALA REP.BY THE PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2663 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 O R D E R Application for regular bail. The The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to keep in his possession in a licensed toddy shop 7.5 litres of spirit on 25.1.2008. He was arrested on 7.4.2008. He continues in custody from that date. Investigation is in progress. The other co-accused, who were in the shop, have already been granted regular bail, it is submitted. The learned Prosecutor reports that the petitioner has no history of any criminal antecedents. 2. The learned Prosecutor opposes the application. The alleged possession was evidently to enure to monetary benefits to the petitioner. The petitioner may not be granted bail at this early stage, submits the learned Prosecutor. 3. I have considered all the relevant inputs. In the wake of opposition by the Public Prosecutor regular bail can be B.A.No. 2663 of 2008 2 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 this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 9.5.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm