IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9189 of 2011(A) ------------------------------------------ [CRIME NO.52/2011 OF VARKALA EXCISE RANGE] .............. PETITIONER/ACCUSED: ---------------------------------- PRASAD, S/O.SAHADEVAN, AGED 48 YEARS, VADAKKEBHAGOM, PARAYIL, EDAVA P.O., VARKALA, CHIRAYINKEEZH TALUK, TRIVANDRUM DISTRICT. BY ADV. SRI.M.BALAGOVINDAN. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PREVENTIVE OFFICER (EXCISE), VARKALA EXCISE RANGE, REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, TRIVANDRUM. R1 & R2 BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J. ---------------------------- B.A.No.9189 OF 2011 ----------------------------- Dated this the 30th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 52/2011 of Varkala Excise Range for offence punishable under Section 55(i) 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 heard either side, I find that the petitioner was caught red handed with 10.8 litres of foreign liquor, while he is engaged in sale of the same. Therefore, this is not a fit case to invoke jurisdiction under section 438 of the Code of Criminal Procedure. 3. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall B.A.No.9189/2011 2 produce the petitioner before the Magistrate concerned, so as to enable him to apply for regular bail, which the Magistrate shall dispose of on merits, as far as possible, on the same day, provided due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/30/11