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RAJASEKHARAN versus EXCISE INSPECTOR

High Court of Kerala

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RAJASEKHARAN v. EXCISE INSPECTOR - Bail Appl No. 4828 of 2006 [2006] RD-KL 428 (8 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4828 of 2006()

1. RAJASEKHARAN, S/O. JANARDHANAN,
... Petitioner

Vs

1. EXCISE INSPECTOR,
... Respondent

2. STATE OF KERALA, REP. BY

For Petitioner :SRI.P.SREEKUMAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :08/08/2006

O R D E R

R. BASANT, J.


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B.A.No. 4828 of 2006
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Dated this the 8th day of August, 2006

O R D E R

Application for regular bail. The petitioner was allegedly found to be in possession of 1 litre of arrack on 15.7.2006. He was arrested and he continues in custody from that date. The learned counsel for the petitioner submits that the petitioner is absolutely innocent and he may be released on bail.

2. The learned Public Prosecutor opposes the application. He points out that the petitioner is accused in two other Abkari crimes of the same Excise Range. In the wake of the opposition by the learned Public Prosecutor bail can be granted only if this court is in a position to entertain both the satisfactions contemplated under Section 41A of the Kerala Abkari Act. I am not persuaded to agree that either of the two satisfactions contemplated under Sec.41 A can be entertained by this court at this stage.

3. This application is, in these circumstance, dismissed. But I B.A.No. 4828 of 2006 2 may hasten to observe that the petitioner shall be at liberty to move the courts for bail again at a later stage of the investigation, not at any rate, prior to 26.8.2006. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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