Babu.C. vs State Of Kerala Repesented By The on 8 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6081 of 2007()


1. BABU.C., AGED 30, ULIYANATTU
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.AJITH MURALI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :08/10/2007

 O R D E R
                                R.BASANT, J
                        ------------------------------------
                         B.A.No.6081 of 2007
                        -------------------------------------
               Dated this the 8th day of October, 2007

                                    ORDER

Application for regular bail. The petitioner faces allegations

under the Kerala Abkari Act. He was found in possession of 2 litres of

arrack on 20.09.07. He was arrested and continues in custody from

that date. The learned Public Prosecutor submits that the petitioner

has two other earlier crimes under the Abkari Act registered against

him. In one of those crimes, the learned Public Prosecutor points out

that, the petitioner along with the co-accused was allegedly found to

transport 340 litres of spirit.

2. The learned Public Prosecutor submits that though the

quantity of liquor seized is only 2 litres in this case and the petitioner

has remained in custody for a period exceeding one remand, the State

is obliged to oppose the application considering the antecedents of the

petitioner.

3. I find merit in the opposition by the learned Public

Prosecutor. 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 both satisfactions contemplated

under Section 41 A of the Kerala Abkari Act. In the facts and

B.A.No.6081 of 2007 2

circumstances of the case, I am not at all persuaded to entertain

either of those two satisfactions. I find merit in the opposition of the

learned Public Prosecutor. In a case like this the investigator is

certainly entitled to reasonable further time to complete the

investigation.

3. 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 17.10.2007. The investigator

shall in the meantime make every endeavour to complete the

investigation.

(R.BASANT, JUDGE)
rtr/-