IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 8044 of 2007() ----------------------------- CRMP.7572/2007 of J.M.F.C., ADOOR CRIME NO.872/07 OF ADOOR POLICE STATION, PATHANAMTHITTA. .................... PETITIONER : ACCUSED NO.1: ------------------------------ JAYAKUMAR, S/O.PADMANABHAN, MUKALUVILA VADAKKETHIL VEEDU, KADAMPANAD NORTH MURI, KADAMPANAD VILLAGE. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 8044 OF 2007 ------------------------------------------------- Dated this the 4th day of January, 2008 ORDER Application for regular bail. The petitioner is the 1st accused. He faces allegations, inter alia, under the provisions of the Kerala Abkari Act. He was allegedly engaged in an attempt to transport spirit illegally. 35 x 10 litres of spirit were allegedly transported by the accused persons acting in collusion. The spirit was being carried in one vehicle driven by the 2nd accused. The petitioner in another vehicle was accompanying the other vehicle and giving escort to the said vehicle. It is alleged that the petitioner is the person who got the spirit transported through the 2nd accused. The 2nd accused was intercepted, seizure was effected and the arrest of the 2nd accused was effected on 17/10/07. The petitioner was brought on the array of accused by a report dated 24/10/07. B.A. No. 8044 OF 2007 -: 2 :- He was arrested on 26/11/07 and continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He further points out that the petitioner is sick and suffers from depressive disorder and hyper tension. The petitioner may, in these circumstances, be granted regular bail, prays the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. In the wake of opposition by the learned Public Prosecutor, bail can be granted to the petitioner only if this Court is in a position to entertain both the satisfactions contemplated in Sec.41A of the Kerala Abkari Act. I am unable to entertain either of those two satisfactions at this stage of the proceedings. The illness of the petitioner does not also persuade me to grant regular bail in a serious crime like this. The learned Magistrate has already made necessary arrangements to ensure that the petitioner gets treated properly if such treatment is necessary. 4. This petition, in these circumstances, deserves to be and is hereby dismissed; but with the observation that the petitioner B.A. No. 8044 OF 2007 -: 3 :- shall be at liberty to move this Court for bail again at a later stage of the investigation – not, at any rate, prior to 18/1/08. The Investigation shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge