IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1607 of 2008() ----------------------------- CRIME NO. 89/08 OF VADAKKEKAD POLICE STATION PETITIONERS/ACCUSED --------------------------- 1. SURESH BABU,S/O.APPUKUTTAN THIRUTHUMEL HOUSE, THACHAMPARA, MANNARKAD. 2. DILEEP KUMAR,S/O. CHANDRAN, EZHUTHUPURAKKAL HOUSE, KARIKKAD DESOM,PERUMBILAVU. 3. RINEESH,S/O.RAJAN, INDAMPATTA HOUSE KARICHALKADAVU, KATTAKAMPAL VILLAGE. 4. RAVEENDRAN, S/O.KUNJUMON, KAIPPAD HOUSE VELIYAMKODE DESOM. 5. UNNIKRISHNAN,S/O.RAJAN, KOZHICHAMURI HOUSE, VILLAYUR, PATTAMBI. 6. NOUSHAD,S/O. MUHAMMODUNNI, NALAKATH PUNNAKATH HOUSE, VELIYAMKODE VILLAGE DESOM. BY ADV. SRI.RAJIT SRI.RANJITH BABU RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ER ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1607 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 1 to 6. Already there are eight accused persons. Accused 7 and 8 are the principals of the petitioners. 15 litres of spirit and 6482 litres of toddy were found in the possession of the petitioners. They were allegedly involved in an attempt to make spurious toddy on behalf of accused 7 and 8. The offence was detected and they were arrested on 11.2.2008. They continue in custody from that date. Accused 7 and 8 have not been apprehended so far. Investigation is in progress. 2. The learned counsel for the petitioners submits that the mere presence of the petitioners at the place where the spirit and toddy were kept cannot be held to be sufficient to attract culpability under the Kerala Abkari Act. The petitioners, who have remained in custody from 11.2.2008, may in these circumstances be granted regular bail, it is prayed. B.A.No. 1607 of 2008 2 3. The learned Prosecutor opposes the application. Investigation is not complete. The principal accused have not so far appeared, surrendered or arrested. In these circumstances the Investigators may be given some further time to complete the investigation. The petitioners may not be granted regular bail at this stage, submits the learned Prosecutor. 4. I have considered all the relevant inputs. In the wake of opposition by the Public Prosecutor regular bail can be granted to the petitioners only if this court is in a position to entertain both the satisfactions contemplated under Section 41A of the Kerala Abkari Act. In the facts and circumstances of this case, I am unable to entertain either of those satisfactions. The mere fact that accused 7 and 8 have not been arrested is not sufficient reason to grant regular bail to the petitioners. I am certainly dissatisfied with the fact that though the offence was detected on 11.2.2008, the Investigators have not been able to apprehend accused 7 and 8 and complete the investigation. In any view of the matter, I am satisfied that the petitioners do not deserve to be enlarged on bail now. B.A.No. 1607 of 2008 3 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioners shall be at liberty to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 31.3.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm