IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Crl.MC.No. 3633 of 2007(D) ------------------------- CMP.5286/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER: ACCUSED ------------------- AYYAPPAN NAIR,AGED 72 YEARS CHANGALI PALLIL HOUSE, MANJAKALA P.O. THALAVOOR, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SMT.G.VIDYA SRI.SANTHOSH PETER (MAMALAYIL) RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA THROUGH THE SUB INSEPCTOR OF POLICE, KUNNIKKODE POLICE STATION. 2. SHEELA, AGED 47 YEARS,W/O.GOPALAKRISHNAN NADUKUDIPARAMBIL HOUSE, PONJASSERY P.O. ERNAKULAM DISTRICT. BY ADV. SRI.E.C.POULOSE SRI. C.M. NAZAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.3633 of 2007 ---------------------------------------- Dated this the 18th day of June 2007 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. It is alleged that on 30/05/2007 at 6.30 p.m, he was found in possession of 5 litres of arrack. He was arrested then and produced before the learned Magistrate on 31/5/2007. He continues in custody. His application for bail having been dismissed by the learned Magistrate. He has come directly before this court without moving the learned Sessions Judge for bail. The learned Public Prosecutor opposes the application. He submits that the petitioner is involved in another crime and he has been enlarged on bail in such crime. 2. In the wake of opposition by the learned Public Prosecutor, bail can be granted to the petitioner only if the court is in a position to entertain the twin satisfactions under Section 41A of the Kerala Abkari Act. On the facts revealed, I do not find it possible to entertain those satisfactions. The petitioner cannot, hence, be granted bail. 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 again, at a later stage of the proceedings, not at any rate, prior to 30/6/2007. (R.BASANT, JUDGE) jsr B.ANo.3633/07 2 B.ANo.3633/07 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007