IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Bail Appl..No. 1941 of 2008(S) ------------------------------ CRIME NO. 46/07 OF ARYANAD EXCISE RANGE CMP.2431/2007 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER/3RD ACCUSED --------------------------------------- SHAJI, S/O.PRASANNA, RUMODE CHIRAKONATHU VEEDU, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1941 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He is the third accused. Altogether there are three accused persons. All the accused were allegedly found engaged in the activity of illicit distillation of arrack. 25 litres of arrack, 20 litres of wash and implements for distillation were seized on 28.6.2007. The petitioner had surrendered before the learned Magistrate on 17.3.2008. He continues in custody from that date. One of the co-accused still remains to be arrested. The learned counsel for the petitioner submits that the petitioner may now be enlarged on bail. The learned counsel submits that the petitioner is absolutely innocent. According to him, he has no criminal antecedents. 3. The learned Prosecutor concedes that the petitioner has no criminal antecedents, but opposes the application considering the nature and gravity of the offence committed, the magnitude of the violation and the fact that the petitioner was arrested only B.A.No. 1941 of 2008 2 on 17.3.2008. 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, which does appear to me to be justified and reasonable, 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. At the moment and with the available inputs, 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 this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 11.4.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm