IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3563 of 2007()
1. RAJENDRAN, S/O. SIVADASAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/06/2007
O R D E R
R.BASANT, J
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B.A.No.3563 Of 2007
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Dated this the 19th day of June, 2007
ORDER
Application for regular bail. The petitioner was allegedly found in
possession of 35 litres of spirit on 8.5.2007. He was arrested and
continues in custody from that date. The learned counsel for the
petitioner submits that the petitioner is innocent and directions may be
issued to release the petitioner on bail, subject to appropriate
conditions. The learned Public Prosecutor opposes the application.
Considering the nature and gravity of the offence and the fact that the
petitioner is an accused in another abkari offence, the prosecution is
obliged to oppose the application, submits the learned Public
Prosecutor.
2. In the wake of the opposition by the learned Public Prosecutor,
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 Abkari Act. In the circumstances of this case, I am unable to
entertain either of those two satisfactions. Hence bail cannot be
granted to the petitioner.
B.A.No. 3563 of 2007 2
3. In the result this bail application is dismissed. I may hasten to
observe that the petitioner shall at liberty to move this Court or the
learned Sessions Judge for bail again at a later stage of the
investigation,- not at any rate prior to 30.6.2007. The Investigating
Officer shall, in the meantime make every endeavor to complete the
investigation.
(R.BASANT, JUDGE)
sj
