IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1796 of 2008() ----------------------------- CMP.878/2008 of J.M.F.C.-I,KOTTARAKKARA C.R.NO.2/08 OF EZHUKONE EXCISE RANGE .................... : PETITIONER/ACCUSED NO.1 ---------------------------------------- TITUS, S/O YOHANNAN, SIBI BHAVANAM, EDAVATTOM MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1796 of 2008 ------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered under the Kerala Abkari Act. On 5.1.08, the petitioner and his wife were found engaged in the act of distillation of arrack. 35 litres of arrack, 900 litres of wash and implements for distillation were allegedly recovered. The wife was arrested on 5.1.08 and she was enlarged on bail as per order dated 30.01.08. The petitioner was arrested long later on 15.02.08. He continues in custody from that date. The petitioner has no history of any criminal antecedents, reports the learned Public Prosecutor . 2. The learned Public Prosecutor opposes the application. In the wake of opposition by the learned 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 41 A of the Kerala Abkari Act. At the moment and with the available inputs, I am unable to entertain either of those two satisfactions notwithstanding the fact that there is no previous B.A.No.1796 of 2008 2 reported case against the petitioner. The fact that the wife, who was arrested earlier, has been granted regular bail, does not at all weigh with me as a sufficient circumstance to grant regular bail to the petitioner herein now. 3. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioner shall be at liberty to move this Court or court below for bail again at a later stage of the investigation - not, at any rate, prior to 07.04.08. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-