IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1945 of 2008() ----------------------------- C.R.23/08 OF ARYANAD EXCISE RANGE PETITIONER/ACCUSED : ----------------- SAVITHRI, D/O.BHARATHI, THADATARIKATHU VEEDU, VALLIAMANGALAM, KAKKOTTELA, KOTTAKKAKAM MURI, ARAYANAD VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENTS: ------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1945 OF 2008 C ```````````````````````````````````````````````````` Dated this the 1st day of April, 2008 O R D E R Application for regular bail. Petitioner, a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to be in possession of 8 litres of arrack, 30 litres of wash and utensils for distillation on 5.2.08. The petitioner is the sole accused. She was arrested later on 10.3.08. She continues in custody from that date. The petitioner has against her two other crimes, both registered under the Kerala Abkari Act, submits the learned Public Prosecutor. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that considering the nature and gravity of the allegations and the antecedents of the petitioner, the State is obliged to oppose the application for regular bail filed by the petitioner. The BA.1945/08 : 2 : petitioner may not be enlarged on bail at this early stage, submits the learned Public Prosecutor. 3. 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 both the satisfactions contemplated 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. 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 15.4.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks