IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1273 of 2008() ----------------------------- CR.NO. 40/07 OF RANNI EXCISE RANGE PETITIONER/2ND ACCUSED --------------------------------------- PRASAD, PUTHEN PURAYIL HOUSE, S/O.SUKUMARAN, PERUNAD, RANNI, PATHANAMTHITTA. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS: COMPLAINANT & STATE -------------------------------- THE STATE OF KERALA, REP. BY THE EXCISE CIRCLE INSPECTOR, RANNI RANGE, (THROUGH PUBLIC PROSECUTOR OF HONOURABLE KERALA HIGH COURT, ERNAKULAM). BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1273 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008 O R D E R Application for regular bail. The petitioner is the second accused. Altogether there are three accused person. The first accused is allegedly the salesman in a toddy shop. The third accused is the person in whose name the licence to run that toddy shop was issued. The second accused is stated to be the person in defacto management and running of the said toddy shop. On 9.11.2007 the Excise party went to the said shop and effected seizure of 11.5 litres of arrack as also 18 litres of toddy, which were available in the premises. 18 litres of toddy was seized on the reasonable belief that it is not genuine toddy, but toddy mixed with arrack. The articles were seized and sent to expert. Report has been obtained. The petitioner's name as the person responsible for running the toddy shop - defacto Manager/ Proprietor - is clearly revealed from the contemporaneous seizure mahazar as also the occurrence report. Investigation is in B.A.No. 1273 of 2008 2 progress. The petitioner was arrested on 18.2.2008. He continues in custody from that date. 2. Initially an application for anticipatory bail was filed before this Court and while that was pending the petitioner was arrested. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has been unnecessarily brought on the array of accused. He has nothing to do with the toddy shop or the contraband articles found there. He, who has been continuing in custody from 18.2.2008, may now be enlarged on bail, it is prayed. 3. The learned Prosecutor opposes the application. He submits that in a serious crime like this the Investigators may be given sufficient and reasonable time to complete the investigation, submits the Prosecutor. 4. I have considered all the relevant inputs. In the wake of opposition by the Public Prosecutor regular bail can be granted to the petitioner only if this court is in a position to entertain both the satisfactions contemplated under Section 41A of the Kerala 2 Abkari B.A.No. 1273 of 2008 3 Act. In the facts and circumstances of this case, I am unable to entertain either of those satisfactions. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move the court for bail again at a later stage of the investigation, not at any rate, prior to 10.3.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm