IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1484 of 2008() ----------------------------- CMP.981/2008 of J.M.F.C.,VADAKKANCHERRY C.R.NO.9/08 OF WADAKKANCHERY EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- PATHROSE, S/O.VARAPPAN, VADAKKAN HOUSE, KANJIRAKODE VILLAGE DESOM, THALAPPILLY TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: COMPLAINANT ------------------------ STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, WADAKKANCHERY EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1484 of 2008 ---------------------------------------- Dated this the 10th day of March 2008 O R D E R Application for regular bail. The petitioner faces allegations of having committed offence under the Kerala Abkari Act. He was allegedly found to keep in his possession 1.7 litres of arrack on 15/2/2008. He was arrested and continues in custody from that date. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor reports that the petitioner has four other crimes also registered against him, in two of which he has already been found not guilty and acquitted. The learned Public Prosecutor further reports that the excise officials have reported that the petitioner is involved in such illicit activities. 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. Having considered all the relevant circumstances in this case including the B.A.No.1484/08 2 antecedents of the petitioner, I must say that I am unable to entertain either of those two satisfactions under Section 41A of the Kerala Abkari Act. 4. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court or the learned Sessions Judge for bail at a later stage of the investigation, not at any rate, prior to 24/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr B.A.No.1484/08 3 B.A.No.1484/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007