Bimal.B. vs Excise Inspector on 14 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7704 of 2007()


1. BIMAL.B., S/O.BRAHMANANDAN,
                      ...  Petitioner

                        Vs



1. EXCISE INSPECTOR,
                       ...       Respondent

2. STATE, REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.A.RAMADASAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :14/12/2007

 O R D E R
                           R. BASANT, J.
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                   B.A.No. 7704 of 2007
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           Dated this the 14th day of December, 2007

                              O R D E R

Application for regular bail. The petitioner faces

allegations under the Kerala Abkari Act. He, along with the co-

accused, was allegedly involved in the transportation of 3200

litres of spirit in a lorry, which had specially constructed

contrivances to illicitly transport spirit. The petitioner was

arrested on 7.11.2007 and he continues in custody from that date.

2. The learned counsel for the petitioner submits that the

petitioner is innocent. He, who has been in custody from

7.11.2007, may now be enlarged on bail, prays the counsel.

3. The learned Prosecutor opposes the application. He

submits that efforts are afoot to trace the higher links involved in

the case. At the moment accused 1 and 2 have been arrested.

Investigators need further time to complete the investigation.

The petitioner may not be granted regular bail now, submits the

learned Prosecutor.

B.A.No. 7704 of 2007
2

4. In the wake of opposition by the Public Prosecutor regular

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. In the facts and circumstances of this case, I am

unable to entertain either of those satisfactions.

5. This application is, in these circumstance, dismissed. But I

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

court for bail again at a later stage of the investigation, not at any

rate, prior to 28.12.2007. The Investigators shall, in the meantime,

make every endeavour to complete the investigation.

(R. BASANT)
Judge

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