IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 250 of 2008() ---------------------------- CMP.10802/2007 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.48/2007 OF EZHUKONE EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- THYAGARAJAN @ SWAPALCHANDRAN, S/O DIVAKARAN, PALAVILA PADINJATTATHIL VEEDU, KOLANOOR MURI, EZHUKONE VILLAGE. BY ADV. SRI.A.MUHAMMED RAFFI RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EZHUKONE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008 ALONG WITH B.A.NO.251/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.250 & 251 of 2008 ---------------------------------------- Dated this the 17th day of January 2008 O R D E R These applications are for regular bail. The common petitioner faces allegations in two separate crimes both under the Kerala Abkari Act. He was allegedly found to be in possession of 3 litres of arrack on 23/10/2007 and 7 litres of arrack on 9/9/2007. The petitioner was arrested on 13/12/2007 in the crime of the Kottarakkara excise range. Arrest was recorded in the other crime on 29/12/2007. The petitioner continues in custody from that date. 2. The learned Public Prosecutor points out that the petitioner is accused in two other crimes also, both registered under the Kerala Abkari Act. The allegations in that crime relate to the alleged possession of 3 litres of arrack and 34 litres of spirit by the petitioner, submits the learned Public Prosecutor. The learned Public Prosecutor opposes the application in these circumstances. 3. I find merit in the opposition by the learned Public Prosecutor. In the wake of the opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner B.A.Nos.250 & 251/08 2 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 these petitions deserve to be dismissed now. 4. In the result, these petitions are dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court for bail at later stage of the investigation, not at any rate, prior to 31/01/2008. 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.Nos.250 & 251/08 3 B.A.Nos.250 & 251/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007