IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1752 of 2008()
1. REJI, S/O.PONNAPPAN, PULIMOOTTIL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE EXCISE RANGE OFFICER,
For Petitioner :SRI.SAIBY JOSE KIDANGOOR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :24/03/2008
O R D E R
R.BASANT, J.
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B.A.Nos.1752,1761,1778 & 1782 of 2008
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Dated this the 24th day of March 2008
O R D E R
These applications are for regular bail. The petitioner was
allegedly found to be in possession of 3.5 litres of spirit on
25/12/2006, 1044 litres of spirit on 16/11/2007, 70 litres of
spirit on 26/5/2007 and 7.5 litres of arrack on 31/12/2006. The
petitioner was arrested on 19/2/2008. He continues in custody
from that date. His arrest has been recorded in all the crimes on
that date. In one of the cases, that is C.R.No.158/2006 of
Ramankari police station in B.A.No.1761/2008, final report has
already been filed. In all other cases, the investigation is
pending.
2. The learned counsel for the petitioner prays that the
petitioner may now be enlarged on bail. The learned Public
Prosecutor opposes the application. The learned Public
Prosecutor submits that in any view of the matter, the petitioner
is not entitled to be enlarged on bail at this early stage of
investigation. The investigating officer in such serious crimes
may be given further time to complete the investigation, it is
prayed.
B.A.No.1752/08 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 in these four cases at the moment.
4. In the result, these petitions are dismissed. I may
hasten to observe that the petitioner shall be at liberty to move
this court or the courts below for bail at a later stage of the
investigation, not at any rate, prior to 07/04/2008. 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.1752/08 3
B.A.No.1752/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007