IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 546 of 2008()
1. STEPHAN ,S/O. ANTONY,AGED 42 YEARS
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.R.ARUN RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :31/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 546 OF 2008 A
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Dated this the 31st day of January, 2008
O R D E R
Application for regular bail. Petitioner faces
allegations in a crime registered under the Kerala Abkari Act.
350 litres of arrack was being transported in a jeep by four
accused persons on 25.10.07. When intercepted by the
police, they took to their heels and they could not be arrested.
The vehicle was abandoned. The owner of the vehicle was
traced. It has now been revealed to the police that the
petitioner is the owner of the vehicle at the relevant time and
he was one of the persons in the vehicle at the relevant time.
The petitioner was interrogated. The identity and details of
the other three persons were ascertained from such
statement. They have not been arrested so far. The
petitioner continues in custody from 8.1.08.
2. The learned Public Prosecutor opposes the
BA.546/08
: 2 :
application. 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 at the moment. I
am satisfied that this petition deserves to be dismissed now.
3. 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 14.2.08.
The investigators shall, in the meantime, make every
endeavour to complete the investigation.
(R.BASANT, JUDGE)
aks