IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 614 of 2008() ---------------------------- (CRIME NO.260/07 OF VALLIKUNNAM POLICE STATION CMP.9/2008 of J.M.F.C., KAYAMKULAM .................... PETITIONER/ACCUSED ----------------------------------- PRADEEP, S/O.SIVADASAN, KAYALIL KUNNEL VEEDU, THEKKE MANGHUZHI MURI, BHARANIKKAVU VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 614 OF 2008 B ```````````````````````````````````````````````````` Dated this the 1st day of February, 2008 O R D E R Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to transport 175 litres of spirit on 19/12/2007. He was arrested and continues in custody from that date. Altogether there are three accused persons. The 3rd accused, a woman, who is only the registered owner of a vehicle in which the alleged transportation took place and the wife of A2, has already been granted regular bail. The learned Public Prosecutor opposes the application for regular bail to the petitioner. 2. In the wake of the opposition by the learned Public 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 BA.614/08 : 2 : 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. 3. 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 11.2.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks