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. 8109 of 2007() ----------------------------- CRIME NO. 170/07 OF AGALI POLICE STATION CMP.3591/2007 of J.M.F.C., MANNARKAD .................... PETITIONERS : ACCUSED NOS.1 AND 2: ------------------------------------- 1. BALAGOPALAN, S/O. PANJU, AGED 28. PALLATHU VEEDU, KALLAMKULAM, KANJIRAM. 2. SUBRAMANIAN, S/O.RAMAKRISHNAN, AGED 27, PUTHENVEETTIL, KANJIRAM, POTTASSERI. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING C.I. OF POLICE, AGALI. 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. 8109 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2008 O R D E R Application for regular bail. The petitioners face allegations under the Kerala Abkari Act. They were allegedly persons present in a lorry which was transporting 2740 litres of spirit in 83 cans when the vehicle was intercepted on 12.12.2007. The petitioners were arrested and they continue in custody from that date. The learned counsel for the petitioners prays that the petitioners may now be released on bail. 2. The learned Prosecutor opposes the application. In the wake of opposition by the Public Prosecutor, regular bail can be granted to the petitioners 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. I am, in these circumstances, satisfied that this petition only deserves to be dismissed. B.A.No. 8109 of 2007 2 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioners shall be at liberty to move the court for bail again at a later stage of the investigation, not at any rate, prior to 22.1.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm