IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1128 of 2008() ---------------------------------------------- (IN C.R.NO.77/2007 OF THE EZHUKONE EXCISE RANGE) PETITIONER/ACCUSED: ------------------------------------- VIJAYAN, S/O. THANKAPPAN, BEENA BHAVAN, EDAVATTOM MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1128 OF 2008 E ```````````````````````````````````````````````````` Dated this the 25th day of February, 2008 O R D E R Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. On 6.11.07 he was allegedly found to be in possession of 30 litres of arrack. He was arrested in some other crime on 30.12.07. His arrest was recorded in this crime when he was produced on production warrant on 18.1.08. The petitioner in this crime continues in custody from 18.1.08. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner has criminal antecedents. He is involved in several other crimes, also registered under the Kerala Abkari Act. The crime in this case was committed when he was on bail in another crime, reports the learned Public Prosecutor. 3. The learned counsel for the petitioner submits that the petitioner is innocent. The petitioner, who has remained BA.1128/08 : 2 : in custody from 30.12.07 though his arrest was recorded in this case with effect from 18.1.08, may now be enlarged on bail, it is prayed. 4. 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. 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 courts below for bail at a later stage of the investigation, not at any rate, prior to 10.3.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks