Shaji vs State Of Kerala on 22 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5126 of 2007()


1. SHAJI, S/O THULASEEDHARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.K.V.ANIL KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :22/08/2007

 O R D E R
                          R.BASANT, J.
                       ----------------------
                       B.A.No.5126 of 2007
                   ----------------------------------------
              Dated this the 22nd day of August 2007


                              O R D E R

Application for regular bail. The petitioner was allegedly

engaged in transportation of 110 litres of arrack (11 x 10

containers) in an autorickshaw on 29/7/2007. He was arrested

and continues in custody from that date.

2. The learned counsel for the petitioner submits that

the petitioner is innocent. The learned Public Prosecutor

submits that the State is obliged to oppose the application

considering the nature of the operation and the quantity of the

contraband article seized. The investigating officer is entitled

for further time to complete the investigation in a serious crime

like this. Bail may not be granted to the petitioner, submits the

learned Public Prosecutor.

3. I find merit in the opposition by the learned Public

Prosecutor. 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

B.A.No.5126/07 2

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 for trial at a later stage of investigation, not at any rate,

prior to 31/08/2007. The investigating officer shall, in the

meantime, make every endeavour to complete the investigation.

                                              (R.BASANT, JUDGE)
jsr

                 // True Copy//        PA to Judge

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B.A.No.5126/07    4

       R.BASANT, J.




         CRL.M.CNo.




            ORDER




21ST DAY OF MAY2007