IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 664 of 2008() ---------------------------- CMP.795/2008 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.17/2008 OF POOVAR POLICE STATION .................... : APPLICANT/ACCUSED ---------------------------------- ANITHA, D/O SARASU, PRADEEP BHAVAN, THOTTUVARAMBU, ARUMANOOR DESOM, THIRUPURAM VILLAGE. BY ADV. SRI.R.V.SREEJITH RESPONDENTS: COUNTER PETITIONER ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.664 of 2008 ---------------------------------------- Dated this the 5th day of February 2008 O R D E R Application for regular bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to be in possession of 1.750 litres of arrack on 18/1/2008. She was arrested on 22/1/2008. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioner prays that the petitioner may be enlarged on bail. 3. The learned Public Prosecutor points out that the petitioner has eight other cases under the Kerala Abkari Act also registered against her. The learned Public Prosecutor submits that in view of the past history of the petitioner, State is obliged to oppose this bail application at this stage. The investigating officer may be given some further time to complete the investigation, prays the learned Public Prosecutor. 4. In the wake of the opposition by the learned Public Prosecutor, which I find to be just and fair, I am satisfied that regular bail can be granted to the petitioner only if this court is in a position to entertain the twin satisfactions under Section B.A.No.664/08 2 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. 5. 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 15/02/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.664/08 3 B.A.No.664/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007