IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 7935 of 2011() CRIME NO. 335/2010 OF KENGAD POLICE STATION, PALAKKAD DISTRICT ----------------------------- PETITIONER/ACCUSED NO.3 ----------------------------------------- SANTHOSH O.C., AGED 27 YEARS, S/O. CHANDRAN, POTTUPARACKAL HOUSE, ODUVANGAD, MUNDOOR, PALAKKAD DISTRICT. BY ADV. SRI. NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, PALAKKAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO. 7935 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the third accused in Crime No.335/2011 of Kongad Police Station for the offence under Section 55 (a) of the Abkari Act. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was 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 allegation of the petitioner is relating to the transportation of 525 liters of spirit in a Maruti Alto Car bearing registration No. KL -08/ AP 633. The learned counsel for the petitioner submitted that the petitioner was no way involved with the offence alleged. 3. The learned Public Prosecutor submitted that the petitioner involved in other Abkari cases. He was involved in the offence also and the investigation is in midway. Having due regard to the nature of the allegation, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. B.A. NO. 7935 OF 2011 2 In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating officer. The Investigating Officer after interrogation and recovery, if any, with or without arrest, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the Magistrage shall dispose of, as far as possible of the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk