IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 546 of 2008() ---------------------------- CRMP.354/2008 of J.M.F.C.-III, PUNALUR CRIME 580/07 OF PUNALUR POLICE STATION .................... PETITIONER : ----------------- STEPHAN ,S/O. ANTONY,AGED 42 YEARS CESSIL NIVAS,NEAR THAZHEVATHUKKAL MATHRA MURI, KARAVALLOOR VILLAGE BY ADV. SRI.R.ARUN RAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE PUNALUR POLICE STATION CRIME NO. 580 0F 2007 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 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 546 OF 2008 A ```````````````````````````````````````````````````` Dated this the 31st day of January, 2008 O R D E R Application for regular bail. Petitioner faces allegations in a crime registered under the Kerala Abkari Act. 350 litres of arrack was being transported in a jeep by four accused persons on 25.10.07. When intercepted by the police, they took to their heels and they could not be arrested. The vehicle was abandoned. The owner of the vehicle was traced. It has now been revealed to the police that the petitioner is the owner of the vehicle at the relevant time and he was one of the persons in the vehicle at the relevant time. The petitioner was interrogated. The identity and details of the other three persons were ascertained from such statement. They have not been arrested so far. The petitioner continues in custody from 8.1.08. 2. The learned Public Prosecutor opposes the BA.546/08 : 2 : 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 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 14.2.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks