IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 966 of 2008() ---------------------------- CMP.337/2008 of J.M.F.C.-II,HOSDRUG CRIME NO.396 OF 2007 OF BEKAL POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- K.M.ABDULRAHIMAN @ KARATTE ABDULRAHIMAN, S/O. ABDULLA, MANGAD HOUSE, MANGAD, BARA VILLAGE. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O., BEKAL POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.966 of 2008 ------------------------------------- Dated this the 21st day of February, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered alleging offences punishable under the Kerala Abkari Act. The alleged incident took place on 30.09.07. 15,000/- packets of arrack, each containing 100 ml of arrack, 350 litre of spirit and a packing machine were found available in the possession of the petitioner. The petitioner had come to this Court earlier for anticipatory bail and by order dated 10.01.08 in B.A.No.63 of 2008, the said prayer was rejected. I have adverted to facts in detail in the said order. I am not hence adverting to them all over again in this order. This order must be read in continuation of the said order. Subsequent to the said order, the petitioner surrendered before the learned Magistrate in another crime registered at another police station on 22.01.08. On coming to know the same, the Investigating Officer in this case filed a petition to issue production warrant to produce the petitioner in this crime and to record his arrest. His presence was secured on 28.01.08. His arrest in this crime has been noted. He continues in custody from 28.01.08 in this crime. The learned counsel for the petitioner submits that the petitioner is innocent and prays that he may be enlarged on bail now. B.A.No.966 of 2008 2 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that considering the nature of the allegations and the quantity of the contraband liquor involved, the State is obliged to oppose the application for regular bail filed by the petitioner. The Investigating Officer may be granted reasonable further time to complete the investigation, submits the learned Public Prosecutor. 3. In the wake of opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if this this Court is in a position to entertain both satisfactions contemplated under Section 41 A of the Kerala Abkari Act. In the facts and circumstances of this case and at the present stage, I am not at all persuaded to entertain either of those two satisfactions. I find merit in the opposition of the learned Public Prosecutor. In a case like this, the investigator is certainly entitled to reasonable further time to complete the investigation. 4. This application is, in these circumstances, dismissed. I may hasten to observe that the petitioner shall be at liberty to move this Court for bail again at a later stage of the proceedings, not, at any rate, prior to 06.03.2008. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) B.A.No.966 of 2008 3 rtr/-