IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 250 of 2008()
1. THYAGARAJAN @ SWAPALCHANDRAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.A.MUHAMMED RAFFI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/01/2008
O R D E R
R.BASANT, J.
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B.A.Nos.250 & 251 of 2008
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Dated this the 17th day of January 2008
O R D E R
These applications are for regular bail. The common
petitioner faces allegations in two separate crimes both under
the Kerala Abkari Act. He was allegedly found to be in
possession of 3 litres of arrack on 23/10/2007 and 7 litres of
arrack on 9/9/2007. The petitioner was arrested on 13/12/2007
in the crime of the Kottarakkara excise range. Arrest was
recorded in the other crime on 29/12/2007. The petitioner
continues in custody from that date.
2. The learned Public Prosecutor points out that the
petitioner is accused in two other crimes also, both registered
under the Kerala Abkari Act. The allegations in that crime relate
to the alleged possession of 3 litres of arrack and 34 litres of
spirit by the petitioner, submits the learned Public Prosecutor.
The learned Public Prosecutor opposes the application in these
circumstances.
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
B.A.Nos.250 & 251/08 2
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 these petitions deserve to be dismissed now.
4. In the result, these petitions are dismissed. I may
hasten to observe that the petitioner shall be at liberty to move
this court for bail at later stage of the investigation, not at any
rate, prior to 31/01/2008. 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.Nos.250 & 251/08 3
B.A.Nos.250 & 251/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007