IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 30 of 2008() -------------------------------------- (AGAINST CR NO.61/2007 OF THIRUPURAM EXCISE RANGE) PETITIONER/ACCUSED: ----------------------------------- BABY, D/O. DASAMMA, MELEVILAKAMKOTTAMPAZHANJI LAKSHAM VEEDU COLONY, KAZHIVOOR DESOM, KANJIRAMKULAM VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: ----------------------- STATE OF KERALA, 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 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- B.A.NO. 30 OF 2008 ------------------------------------------------- Dated this the 7th day of January, 2008 ORDER Application for regular bail. The petitioner – a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to be in possession of 2 litres of arrack on 8/12/07. The petitioner has 7 other cases – all under the Kerala Abkari Act, also pending against her. Investigation is not complete. The learned Public Prosecutor opposes the application. 2. 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. At the moment and with the available inputs, I am unable to entertain either of those two satisfactions. B.A.NO. 30 OF 2008 -: 2 :- 4. This petition, in these circumstances, deserves to be and is hereby dismissed; but with the observation that the petitioner shall be at liberty to move this Court for bail against at a later stage of the investigation – not, at any rate, prior to 24/1/2008. The Investigator shall, in the meantime, make every endeavour to complete the investigation. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge