IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 618 of 2008() ---------------------------- CMP.467/2008 of J.M.F.C.,THIRUVALLA C.R.2/08 OF MALLAPPALLY EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- MOHANAKURUP,S/OBHASKARA PILLAI, KOLADATHU VEEDU, MUNDUKANDAM MURI, KUNNATHUTHANAM VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 618 OF 2008 B ```````````````````````````````````````````````````` Dated this the 4th day of February, 2008 O R D E R Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in his possession of 10 litres of arrack on 7.1.08. He was arrested and continues in custody from that date. 2. The learned Public Prosecutor reports that the petitioner has five other cases all registered under the Kerala Abkari Act against him. 3. The learned Public Prosecutor, in these circumstances, opposes the application. 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 circumstances which can persuade this court to entertain either of those two BA.618/08 : 2 : satisfactions at the moment. I am satisfied that this petition deserves to be dismissed now. 4. 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 courts below for bail at a later stage of the investigation, not at any rate, prior to 14.2.2008. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks