IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 2008 of 2008() ----------------------------- CRMP.1813/2003 of J.M.F.C.,THIRUVALLA CRIME NO.7/08 OF MALLAMPALLY EXCISE RANGE OFFICE .................... : PETITIONER/ACCUSED NO.1: ----------------------------------------- HARIDAS @ MONICHAN, AGED 32 YEARS, S/O. KUNJACHAN, MYLADUMPARA, ERAVIPEROOR MURI, ERAVIPEROOR VILLAGE. BY ADV. SRI.S.SANAL KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2008 of 2008 ---------------------------------------- Dated this the 2nd day of April 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession and transporting 175 litres of spirit in his motor cycle on 14/2/2008. He surrendered on 20/2/2008. He continues in custody from that date. 2. The learned counsel for the petitioner prays that as the petitioner has no criminal antecedents and has remained in custody from 20/2/2008, he may be released on regular bail. 3. The learned Public Prosecutor opposes the application notwithstanding the fact that the petitioner has no record of any criminal antecedents. Considering the nature and quantity of the contraband liquor seized, the State is obliged to oppose the application now, submits the learned Public Prosecutor. 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.2008/08 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 for bail at a later stage of the investigation, not at any rate, prior to 16/04/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr B.A.No.2008/08 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007