IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3791 of 2007()
1. PRASAD, AGED 26 YEARS,
... Petitioner
2. KUTTAN @ BABU, AGED 21 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/06/2007
O R D E R
R.BASANT, J
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B.A.No.3791 of 2007
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Dated this the 21st day of June, 2007
ORDER
Application for regular bail. The petitioners were allegedly
found to be in possession of 735 litres of spirit on 25.05.2007. They
were arrested on the same day. They continue in custody from that
date. The petitioners are the persons who were available in the
vehicle which was used to transport the said quantity of spirit.
2. The learned Public Prosecutor opposes the application.
Investigation is not complete. The allegations are serious. Magnitude
of the operation obliges the prosecution to take a strict view. Bail
may not be granted at this early stage, submits the learned Public
Prosecutor. In the wake of opposition by the learned Public
Prosecutor , bail can be granted to the petitioners only if this Court is
in a position to entertain both the satisfactions contemplated under
Section 41 A of the Kerala Abkari Act. In the facts and circumstances
of the case, I am unable to entertain either of those two satisfactions.
It follows that this petition is liable to be and it is hereby dismissed. I
may hasten to observe that the petitioners shall be at liberty to move
the learned Sessions Judge or this Court for bail at a later stage of the
investigation, not at any rate prior to 11.07.2007. The Investigators
shall in the meantime make every endeavour to complete the
investigation.
(R.BASANT, JUDGE)
rtr/-
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