IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 42 of 2008 --------------------------------- CRIME NO. 196/2007 OF NEYYAR DAM POLICE STATION CMP.8072/2007 of J.M.F.C.,KATTAKADA .......................................... PETITIONER/ACCUSED --------------------------------- AMBIKA, S/O.SARADA, ROADARIKATHU VEEDU, KUTTICHAL, KOKKUDIMURIYIL, MANNOORKKARA VILLAGE. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A.NO. 42 OF 2008 ------------------------------------------------- Dated this the 7th day of January, 2008 ORDER Application for regular bail. The petitioner – a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to keep in her possession a can containing 4.5 litres of arrack and a bottle containing 1 litre of arrack. She was arrested on 14/12/07. The petitioner has 5 other cases also against her registered under the Kerala Abkari Act, submits the learned Public Prosecutor. 2. The learned Public Prosecutor opposes the application. In the wake of opposition by the learned Public Prosecutor, bail can be granted to the petitioner only if this Court is in a position to entertain both the satisfactions contemplated in Sec.41A of the Kerala Abkari Act. I am unable to entertain either of those two satisfactions at this stage. B.A.NO. 42 OF 2008 -: 2 :- 4. This petition, in these circumstances, deserves to be and is hereby dismissed; but with the observation that the petitioner shall be at liberty to move this Court for bail again at a later stage of the investigation – not, at any rate, prior to 14/1/08. The Investigator shall, in the meantime make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge