IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4165 of 2006()
1. RAGHAVAN, 67 YEARS,
... Petitioner
Vs
1. EXCISE INSPECTOR,
... Respondent
2. STATE OF KERALA, REP. BY
For Petitioner :SRI.P.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/07/2006
O R D E R
R. BASANT, J.
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B.A.No. 4165 of 2006
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Dated this the 11th day of July, 2006
O R D E R
Application for regular bail. The petitioner was allegedly
found to be in possession of 2 litres of arrack. on 16.6.2006. He
was arrested and he continues in custody from that date. The learned
counsel for the petitioner submits that the petitioner is absolutely
innocent and he may be released on bail.
2. The learned Public Prosecutor opposes the application.
Investigation is not complete. The petitioner is involved in another
similar crime. Bail may not be granted at this stage. Investigators
need further time to complete the investigation, submits the learned
Public Prosecutor.
4. In the wake of opposition by the Public Prosecutor 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. I am unable to entertain either of those
B.A.No. 4165 of 2006 2
satisfactions from the materials available.
4. This application is, in these circumstance, dismissed. But I may
hasten to observe that the petitioner shall be at liberty to move the courts for
bail again at a later stage of the investigation, not at any rate, prior to
20.7.2006. The Investigators shall, in the meantime, make every endeavour
to complete the investigation.
(R. BASANT)
Judge
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