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RAJAN NAIR, S/O. KUNJUPANICKAN versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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RAJAN NAIR, S/O. KUNJUPANICKAN v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 5307 of 2007 [2007] RD-KL 16945 (7 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5307 of 2007()

1. RAJAN NAIR, S/O. KUNJUPANICKAN,
... Petitioner

Vs

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

For Petitioner :SRI.S.PRAKASH

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :07/09/2007

O R D E R

R.BASANT, J.

B.A.No.5307 of 2007

Dated this the 7th day of September 2007

O R D E R

Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 20 litres of arrack on 11/12/2006. The petitioner was produced and arrest recorded in this case on 03/08/2007. He continues in custody from that date. The learned Public Prosecutor submits that the petitioner has other cases under the Kerala Abkari Act and under the I.P.C against him. The application is opposed by the learned Public Prosecutor.

2. 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. B.A.No.5307/07 2

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 15/09/2007. 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.No.5307/07 3 B.A.No.5307/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


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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