IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Crl.MC.No. 402 of 2010() ----------------------------------- EXCISE CRIME NO.152/2009 OF ADDOR EXCISE RANGE. ............... PETITIONER/ACCUSED --------------------------------- SURESH, AGED 40 YEARS, S/O. BHASKARAN, GEETHA BHAVANAM, KALANJOOR PANCHAYATH, WARD VI/177, POTHUPARA, KOODAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.SETHUNATH RESPONDENTS/COMPLAINANT/STATE --------------------------------------------------------- 1. EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. ASST. EXCISE COMMISSIONER, PATHANAMTHITTA. 3. THE EXCISE INSPECTOR, ADOOR EXCISE RANGE. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R4 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.402 OF 2010 ------------------------------------------ Dated 22nd February 2010 O R D E R Petitioner is the accused in crime No.152/2009 of Adoor Excise Range for the offences under Sections 8(1) and 8(2) of Abkari Act. Petition is filed under Section 482 of Code of Criminal Procedure for a proper enquiry in the case contending that while petitioner was enlarged on bail in another case, he was directed to report before the police once in a week and he was arrested in a case registered by the previous officer and was remanded and thereafter Excise men started demanding money from him. Petitioner would allege that there were frequent calls made to the petitioner, his wife Deepa and sister-in- Crmc 402/2010 2 law Ajitha from November, 2009 onwards and those calls were received in his mobile number 9846223449 and his wife's number 9745949971 and sister-in-law's mobile number 9961504360 and they were demanding bribe and in such circumstances, a proper enquiry is to be conducted. 2. Learned Public Prosecutor on instructions submitted that Crime No.152/2009 of Adoor Excise Range is being properly investigated and there is no material to support the allegations raised by the petitioner with regard to the demand for bribe over mobile phones and there is no objection for conducting an enquiry on the said allegations. Petition is disposed directing third respondent to investigate the case properly Crmc 402/2010 3 to be supervised by the Circle Inspector of Adoor Excise Range. Assistant Excise Commissioner, Pathanamthitta is to enquire into the allegations raised against the Excise Officials and take appropriate action, if warranted. M.SASIDHARAN NAMBIAR, JUDGE. uj.