IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1291 of 2008() ----------------------------- BP.153/2008 of J.M.F.C.,SULTHANBATHERY Cr.No.10/08 of S.BATHERY EXCISE RANGE .................... : PETITIONER/ACCUSED: ------------------------------------ VARGHESE, S/O. KURIYAKOSE, AGED 51, ADAMARKKATTIL HOUSE, MURIYANKUNNU, MUTHANGA, NOOLPUZHA, S.BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. EXCISE RANGE INSPECTOR, S.BATHERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1291 of 2008 ------------------------------------- Dated this the 3rd day of March, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered under the Kerala Abkari Act. He was allegedly found to be in possession of 130 litres of wash on 11.02.08 (not 25.02.08 as stated in the order passed by the learned Magistrate, concedes the learned Public Prosecutor). The petitioner was arrested and continues in custody from that date. He has one more case under the Abkari Act registered against him already, submits the learned Public Prosecutor. The learned counsel for the petitioner submits that regular bail may be granted to the petitioner. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that in a serious crime like this, the State is obliged to oppose the application for regular bail. 3. I find merit in the opposition by the learned Public Prosecutor. In the wake of opposition by the learned Public B.A.No.1291 of 2008 2 Prosecutor bail can be granted to the petitioner only if this Court is in a position to entertain both satisfactions contemplated under Section 41 A of the Kerala Abkari Act. In the nature of the materials available in this case and at this stage, I am unable to entertain either of those two satisfactions. 4. This application is, in these circumstances, dismissed. I may hasten to observe that the petitioner shall be at liberty to move the courts below or this Court for bail again at a later stage of the proceedings, not, at any rate, prior to 12.03.2008. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-