IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8047 of 2007() ----------------------------- C.R.24/07 OF EXCISE RANGE, ALUVA PETITIONER/: ACCUSED; ------------------------- 1. SHIROSH @ BIJU, S/O.SURENDRAN, AGED 24 YEARS, VENKARAMANALIL HOUSE, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. 2. CLINTU THOMAS, S/O.THOMAS ANTONY, AGED 22 YEARS, KRISHNAKUMAR SADANAM, MUTTAYAKKAD, KALLIYOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENTS: COMPLAINANT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE CIRCLE INSPECTOR OF EXCISE, ALUVA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8047 OF 2007 A ```````````````````````````````````````````````````` Dated this the 8th day of January, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 and 2. They face allegations under the Kerala Abkari Act. They allegedly were transporting 875 litres of spirit in a Scorpio van when they were intercepted by the officials on 16.11.07. They were arrested and continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They are young persons and admittedly first offenders. In these circumstances, a lenient view may be taken and the petitioners may be enlarged on bail, it is prayed. 3. The learned Public Prosecutor opposes the application considering the nature and magnitude of the offence. 4. In the wake of the opposition by the learned Public BA.8047/07 : 2 : Prosecutor, regular bail can be granted to the petitioner only if this court is in a position to entertain the twin satisfactions under Section 41A of the Kerala Abkari Act. I do not find any circumstances which can persuade this court to entertain either of those two satisfactions at the moment. I am satisfied that this petition deserves to be dismissed now. 5. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court or the learned Sessions Judge for bail at later stage of the investigation, not at any rate, prior to 17.1.08. The police shall, in the meantime, make every endeavour to complete the investigation. Petitioner's right to claim bail by default under Section 167(2) Cr.P.C. shall remain unfettered by this dismissal. (R.BASANT, JUDGE) aks