IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 450 of 2008() ---------------------------- CRIME NO. 741/07 OF KOTTIYAM POLICE STATION CRMP.13/2008 of I ADDL. DISTRICT COURT, KOLLAM CMP.9565/2007 of J.M.F.C.-II, KOLLAM .................... PETITIONERS : ACCUSED 1 AND 2: --------------------------------- 1. SURESH BABU, AGED 39 YEARS, S/O.RAMACHANDRAN VADAKKE ATTATHU VEEDU, VALAYIKKADU, EZHUKONE, KOLLAM. 2. PAPPACHAN, AGED 44 YEARS, S/O JOSEPH, BENNY BHAVAN, NADUVILAKKARA, MAYYANADU, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 450 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2008 O R D E R Application for regular bail. The petitioners are accused 1 and 2. They are the driver of an autorikshaw and another, who accompanied the driver in the vehicle which was transporting 175 litres of spirit. That vehicle belongs to the third accused. Transportation was to a godown of the third accused. First accused is the driver and the second accused is a person, who runs the hotel part of a toddy shop. In such association he came into contact with the transporters of spirit and got involved in such illegal and culpable activity. Accused 1 and 2 were arrested on 12.12.2007 and they continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are innocent. At any rate, they, who have remained in custody from 12.12.2007, may now be enlarged on bail, prays the counsel. B.A.No. 450 of 2008 2 3. The learned Prosecutor opposes the application. He submits that the allegations are serious and a strict view is bound to be taken in respect of such a crime. Investigation is not complete Third accused is absconding even now. The petitioners are the links in an organised activity of transportation of spirit. At any rate, at this early stage the petitioners may not be granted bail, submits the Prosecutor. 4. 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. I am, in these circumstances, satisfied that this petition only deserves to be dismissed. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioners shall be at liberty to move the court for bail again at a later stage of the investigation, not at any rate, prior to 12.2.2008. I make it clear that the dismissal of this petition or the above directions will not fetter the rights of the petitioners to claim bail by default under the proviso to Section 167(2) B.A.No. 450 of 2008 3 Cr.P.C. from the learned Magistrate if the final report is not filed within the period stipulated by the Code. (R. BASANT) Judge tm