IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2019 of 2008() ----------------------------- CR NO. 110/07 OF ARYANAD EXCISE RANGE CMP.1271/2008 of J.M.F.C.,KATTAKADA .................... PETITIONER : 3RD ACCUSED ---------------------------- BINU, S/O.KRISHNANKUTTY RESIDNG AT MUNDANI LAKSHUM VEEDU COLONY KOKKURIMURIYIL, MANOORKARA VILLAGE NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2019 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 O R D E R Application for regular bail. The petitioner is the third accused. Altogether there are three accused persons. Accused 1 and 2 have already been arrested. The petitioner is the one who allegedly supplied 35 litres of arrack, which was seized from the possession of accused 1 and 2 on 12.9.2007. The petitioner surrendered on 4.3.2008 and he continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner may now be enlarged on bail, prays the learned counsel. 3. The learned Prosecutor opposes the application. He submits that the petitioner is involved in other cases, though there is no case under the Kerala Abkari Act registered against him. The learned Prosecutor further points out that when the Excise party went to arrest the petitioner, he and his relatives attacked them and consequently another crime has been B.A.No. 2019 of 2008 2 registered. Considering the nature and quantity of the contraband liquor seized, the State is obliged to oppose the application. He may not be granted regular bail, submits the learned Prosecutor. 4. I have considered all the relevant inputs. In the wake of opposition by the 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 41A of the Kerala Abkari Act. In the facts and circumstances of this case, I am unable to entertain either of those satisfactions. 5. This application is, in these circumstance, 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 11.4.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge m