High Court Kerala High Court

Stephan vs State Of Kerala on 31 January, 2008

Kerala High Court
Stephan vs State Of Kerala on 31 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 546 of 2008()


1. STEPHAN ,S/O. ANTONY,AGED 42 YEARS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.R.ARUN RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :31/01/2008

 O R D E R
                              R. BASANT, J.


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                        B.A. No. 546 OF 2008 A

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             Dated this the 31st day of January, 2008


                                 O R D E R

Application for regular bail. Petitioner faces

allegations in a crime registered under the Kerala Abkari Act.

350 litres of arrack was being transported in a jeep by four

accused persons on 25.10.07. When intercepted by the

police, they took to their heels and they could not be arrested.

The vehicle was abandoned. The owner of the vehicle was

traced. It has now been revealed to the police that the

petitioner is the owner of the vehicle at the relevant time and

he was one of the persons in the vehicle at the relevant time.

The petitioner was interrogated. The identity and details of

the other three persons were ascertained from such

statement. They have not been arrested so far. The

petitioner continues in custody from 8.1.08.

2. The learned Public Prosecutor opposes the

BA.546/08

: 2 :

application. 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.

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 14.2.08.

The investigators shall, in the meantime, make every

endeavour to complete the investigation.

(R.BASANT, JUDGE)

aks