IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 614 of 2008()
1. PRADEEP, S/O.SIVADASAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.MOHANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/02/2008
O R D E R
R. BASANT, J.
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B.A. No. 614 OF 2008 B
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Dated this the 1st day of February, 2008
O R D E R
Application for regular bail. Petitioner faces
allegations under the Kerala Abkari Act. The petitioner was
allegedly found to transport 175 litres of spirit on 19/12/2007.
He was arrested and continues in custody from that date.
Altogether there are three accused persons. The 3rd accused,
a woman, who is only the registered owner of a vehicle in
which the alleged transportation took place and the wife of A2,
has already been granted regular bail. The learned Public
Prosecutor opposes the application for regular bail to the
petitioner.
2. 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
BA.614/08
: 2 :
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.
3. 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 11.2.08.
The investigators shall, in the meantime, make every
endeavour to complete the investigation.
(R.BASANT, JUDGE)
aks