High Court Kerala High Court

Binu vs State Of Kerala on 3 April, 2008

Kerala High Court
Binu vs State Of Kerala on 3 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2019 of 2008()


1. BINU, S/O.KRISHNANKUTTY
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :03/04/2008

 O R D E R
                            R. BASANT, J.
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                     B.A.No. 2019 of 2008
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              Dated this the 3rd day of April, 2008

                               O R D E R

Application for regular bail. The petitioner is the third

accused. Altogether there are three accused persons. Accused 1

and 2 have already been arrested. The petitioner is the one who

allegedly supplied 35 litres of arrack, which was seized from the

possession of accused 1 and 2 on 12.9.2007. The petitioner

surrendered on 4.3.2008 and he continues in custody from that

date.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. The petitioner may now be

enlarged on bail, prays the learned counsel.

3. The learned Prosecutor opposes the application. He

submits that the petitioner is involved in other cases, though

there is no case under the Kerala Abkari Act registered against

him. The learned Prosecutor further points out that when the

Excise party went to arrest the petitioner, he and his relatives

attacked them and consequently another crime has been

B.A.No. 2019 of 2008
2

registered. Considering the nature and quantity of the contraband

liquor seized, the State is obliged to oppose the application. He may

not be granted regular bail, submits the learned Prosecutor.

4. I have considered all the relevant inputs. 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 this

court or the courts below for bail again at a later stage of the

investigation, not at any rate, prior to 11.4.2008. The Investigators

shall, in the meantime, make every endeavour to complete the

investigation.

(R. BASANT)
Judge
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