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. 1752 of 2008() ----------------------------- CMP.838/2008 of J.M.F.C., RAMANKARI CRIME NO.78/2007 OF KUTTANAD EXCISE RANGE OFFICE .................... : PETITIONER/ACCUSED A-1 --------------------------------------- REJI, S/O.PONNAPPAN, PULIMOOTTIL, MAMBUZHAKARI, RAMANKARI VILLAGE. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, KUTTANAD EXCISE RANGE OFFICE, KUTTANAD. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ALONG WITH B.A.NOS.1761 & CONN.CASES ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.1752,1761,1778 & 1782 of 2008 -------------------------------------------------------- Dated this the 24th day of March 2008 O R D E R These applications are for regular bail. The petitioner was allegedly found to be in possession of 3.5 litres of spirit on 25/12/2006, 1044 litres of spirit on 16/11/2007, 70 litres of spirit on 26/5/2007 and 7.5 litres of arrack on 31/12/2006. The petitioner was arrested on 19/2/2008. He continues in custody from that date. His arrest has been recorded in all the crimes on that date. In one of the cases, that is C.R.No.158/2006 of Ramankari police station in B.A.No.1761/2008, final report has already been filed. In all other cases, the investigation is pending. 2. The learned counsel for the petitioner prays that the petitioner may now be enlarged on bail. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that in any view of the matter, the petitioner is not entitled to be enlarged on bail at this early stage of investigation. The investigating officer in such serious crimes may be given further time to complete the investigation, it is prayed. B.A.No.1752/08 2 3. 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 in these four cases at the moment. 4. In the result, these petitions are dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court or the courts below for bail at a later stage of the investigation, not at any rate, prior to 07/04/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1752/08 3 B.A.No.1752/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007