Ravi P. vs The Sub Inspector Of Police on 14 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7718 of 2007()


1. RAVI P., S/O. SUBBA MATIVALA,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE, REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :14/12/2007

 O R D E R
                             R.BASANT, J
                     ------------------------------------
                       B.A.No.7718 of 2007
                     -------------------------------------
            Dated this the 14th day of December, 2007

                                 ORDER

Application for regular bail. Petitioner faces allegations

under the Kerala Abkari Act. He was allegedly found to keep in

his possession 500 packets of Karnataka arrack each containing

100 ml on 3.11.07. He took to his heels and could not be

apprehended. He was arrested long later on 12.12.07. The

learned Public Prosecutor points out that the petitioner has 3

other cases also against him registered under the Abkari Act.

2. The learned counsel for the petitioner prays that the

petitioner may now be enlarged on bail. The application is

opposed by the learned Public Prosecutor. The learned Public

Prosecutor submits that the quantum of the contraband article

and the period of detention do oblige the State to oppose the

application. The conduct of the petitioner in running away may

also be taken into account, submits the learned Public Prosecutor.

3. In the wake of opposition by the learned Public

Prosecutor, regular bail can be granted to the petitioner only if

B.A.No.7718 of 2007 2

this Court is in a position to entertain both satisfactions

contemplated under Section 41 A of the Kerala Abkari Act. At the

moment and with the available inputs I find absolutely no

circumstances to entertain either of those two satisfactions.

4. This application is, in these circumstances, dismissed.

I may hasten to observe that the petitioner shall be at liberty to

move the courts below or this Court for bail again at a later stage

of the proceedings, not, at any rate, prior to 28.02.2007. The

investigator shall in the meantime make every endeavour to

complete the investigation.

(R.BASANT, JUDGE)
rtr/-