IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4817 of 2007()
1. BAIJUMON, AGED 34, S/O. THANKAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.P.JACOB VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :09/08/2007
O R D E R
R.BASANT, J.
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B.A.No.4817 of 2007
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Dated this the 9th day of August 2007
O R D E R
Application for regular bail. The petitioner is the first
accused. He, along with the co-accused was allegedly found to
travel in a vehicle which carried 630 litres of spirit. The vehicle
was intercepted. The second accused allegedly took to his heels.
He has not been apprehended so far. The petitioner was
arrested at the spot. The name of the petitioner figures in the
seizure mahazer and the F.I.R. The petitioner continues in
custody from 9/7/2007.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. He prays that the
petitioner who is remaining in custody from 9/7/2007 may now
be enlarged on bail. The application is opposed by the learned
Public Prosecutor. The learned Public Prosecutor submits that
the petitioner has a history of criminal antecedents. Investigation
is not complete. The petitioner may not be enlarged on bail, it is
prayed.
B.A.No.4817/07 2
3. 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 the twin satisfactions
under Section 41A of the Kerala Abkari Act. I do not find any
circumstances which can persuade this court to entertain either
of those two satisfactions at the moment. I am satisfied that this
petition deserves to be dismissed now.
4. In the result, this petition is dismissed. I may hasten
to observe that the petitioner shall be at liberty to move this
court or the learned Sessions Judge for bail at later stage of the
investigation, not at any rate, prior to 23/08/2007. The
investigating officer shall, in the meantime, make every
endeavour to complete the investigation.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.4817/07 3
B.A.No.4817/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007