IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 871 of 2008() ---------------------------- CRMP.1349/2008 of J.M.F.C.,CHALAKUDY CRIME NO.1/08 OF MALA POLICE STATION .................... PETITIONER --------------------------- SHAJU, S/O. MADHAVAN PARAKULAM HOUSE, ALOOR VILLAGE THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA 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 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A.NO.871 OF 2008 ------------------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He is the 2nd accused. He along with the co-accused – A1, was allegedly involved in the transportation of 280 litres of arrack in a car. The car was intercepted by the officials on 1/1/08. The 1st accused was arrested. The petitioner took to his heels and could not be arrested then. The First Information Statement clearly shows the name of the petitioner who is allegedly the one who ran away from the scene of the crime. He was arrested later on 22/1/08. The 1st accused continues in custody from 1/1/08. The petitioner remains in custody from 22/1/08. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He was not present in B.A.NO.871 OF 2008 -: 2 :- the vehicle at all. He has been remaining in custody from 22/1/08. He may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the 1st accused, who was apprehended at the scene, continues in custody even now. The petitioner had run away. He was intercepted long later on 22/1/08. Investigation is not complete. The petitioner may not, at this stage, be enlarged on bail, prays the learned Public Prosecutor. 4. 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 these satisfactions at this stage. 5. This petition is , in these circumstances, 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 3/3/08. The Investigator shall, in the meantime, make every endeavour B.A.NO.871 OF 2008 -: 3 :- to complete the investigation. If the final report is filed earlier, needless to say, the petitioner shall be entitled to approach this Court or the courts below for bail. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge