IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1353 of 2008() ----------------------------- CMP.678/2008 of J.M.F.C.-I,PALAKKAD CRIME NO.345/2007 OF KASBA POLICE, PALAKKAD .................... : PETITIONER/2ND ACCUSED --------------------------------------- MOHAMMED RAFI @ RAFI, S/O. KUNJAMAUTTY, AGED 21 YEARS, PALLIYALIL HOUSE, THOTTASERI ARA, VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KASABA, PALAKKAD, IN CR.NO.345/07, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1353 of 2008 ---------------------------------------- Dated this the 10th day of March 2008 O R D E R Application for regular bail. Petitioner is the second accused. Altogether there are four accused persons. The first accused was driving the vehicle at the relevant time when the interception took place on 18/12/2007. The petitioner/the second accused was available in that car. 630 litres of spirit were transported in the car driven by the first accused in which the second accused was travelling. The fourth accused had allegedly handed over the contraband liquor to accused 1 and 2. The car belongs to the third accused. Investigation is in progress. Seizure mahazar reveals the complicity of the petitioner. 2. According to the petitioner, he is absolutely innocent. He has been arrayed as an accused in this crime most unnecessarily. He was actually taken into custody on 30/1/2007. He was kept under illegal confinement. His relatives had filed a petition for issue of a writ of habeas corpus and when that petition was filed, he was produced in another crime on 02/02/2008. Later, the petitioner has been brought on the array of accused in this crime. His arrest has been recorded with B.A.No.1353/08 2 effect from 5/2/2008. The petitioner thus continues in custody from 5/2/2008. 3. The learned counsel for the petitioner submits that the petitioner is innocent. Except that his name is similar to the name of the accused revealed by the first accused at the time of his arrest, the petitioner has no involvement in the crime at all. It is submitted that the petitioner was kept under wrongful confinement and to vex and harass him, he has been arrayed as an accused in this crime also. It is, in these circumstances, prayed that, at any rate, the petitioner, who has remained in custody from 5/2/2008, may now be enlarged on bail. 4. The learned Public Prosecutor opposes the application. All the four accused have been arrested by now. The identity of the petitioner has been confirmed. In any view of the matter, there is absolutely no justification to invoke the discretion under Section 439 Cr.P.C in favour of the petitioner. The petitioner may not be enlarged on bail at this stage. The investigating officer in a serious crime like the instant one may be given some further time to complete the investigation. 5. In the wake of the opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if B.A.No.1353/08 3 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. 6. 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 a later stage of the investigation, not at any rate, prior to 24/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1353/08 4 B.A.No.1353/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007