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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