IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 8047 of 2007()
1. SHIROSH @ BIJU, S/O.SURENDRAN,
... Petitioner
2. CLINTU THOMAS, S/O.THOMAS ANTONY,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.KRISHNA PRASAD. S
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 8047 OF 2007 A
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Dated this the 8th day of January, 2008
O R D E R
Application for regular bail. Petitioners are
accused Nos.1 and 2. They face allegations under the Kerala
Abkari Act. They allegedly were transporting 875 litres of
spirit in a Scorpio van when they were intercepted by the
officials on 16.11.07. They were arrested and continue in
custody from that date.
2. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. They are young
persons and admittedly first offenders. In these
circumstances, a lenient view may be taken and the
petitioners may be enlarged on bail, it is prayed.
3. The learned Public Prosecutor opposes the
application considering the nature and magnitude of the
offence.
4. In the wake of the opposition by the learned Public
BA.8047/07
: 2 :
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 at the moment. I am satisfied
that this petition deserves to be dismissed now.
5. In the result, this petition is dismissed. I may
hasten to observe that the petitioner shall be at liberty to
move this court or the learned Sessions Judge for bail at later
stage of the investigation, not at any rate, prior to 17.1.08.
The police shall, in the meantime, make every endeavour to
complete the investigation. Petitioner’s right to claim bail by
default under Section 167(2) Cr.P.C. shall remain unfettered
by this dismissal.
(R.BASANT, JUDGE)
aks