IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1527 of 2008() ----------------------------- CRIME NO.2/08 OF TALIPARAMBA EXCISE RANGE CMP.1009/2008 of J.M.F.C.,TALIPARAMBA .................... PETITIONER : ACCUSED ------------------------ KANAMADATHIL GOVINDAN, S/O.KUNHAMBU,KANAMADATHIL HOUSE KOOVERI P.O.,KANNUR DISTRICT. BY ADV. SRI.B.PREMNATH (E) RESPONDENTS: COMPLAINANT ------------------------ STATE, REPRESENTED BY THE EXCISE INSPECTOR,TALIPARAMBA EXCISE RANGE, KANNUR DT.(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 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1527 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to keep in his possession for sale 231 x 180 ml. of IMFL in small bottles. The petitioner was arrested and he continues in custody from 21.2.2008. The learned Prosecutor submits that the petitioner has two other crimes also registered under the Kerala Abkari Act against him. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He, who has been remaining in custody from 21.2.2008, may now be enlarged on bail, prays the learned counsel for the petitioner. 3. The learned Prosecutor opposes the application. He submits that all the available inputs point to the complicity of the petitioner. Considering the totality of circumstances, the State is obliged to oppose the application, submits the Prosecutor. B.A.No. 1527 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 3.4.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm