IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9287 of 2011() ---------------------------------- CRMP.2733/2011 of DIST & SESSIONS COURT, ALAPPUZHA CRIME NO.51/2011 OF ALAPPUZHA EXCISE RANGE, ALAPPUZHA .................... PETITIONER/ACCUSED --------------------------- SAHADEVAN, S/O.POOVAPPI, AGED 60 YEARS, KAREETHIRA LAKSHOM VEEDU COLONY, PURAKKAD VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA. BY ADV. SRI.S.R.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, ALAPPUZHA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.9287 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.51/2011 of Alappuzha Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having due regard to the nature of the offence, I find that this is not a fit case to invoke jurisdiction udner Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioner to surrender before the Committal Court and to apply for regular bail, which the learned Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, su J UDGE