IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9260 of 2011() --------------------------------------- C.R. NO.78/2010 EXCISE INSPECTOR, UDUMBANCHOLA RANGE. .......... PETITIONER/ ACCUSED NO.3 ------------------------------------------- M.S.BIJU, S/O.SADANANDAN, MAKKAPUZHAYIL HOUSE, MATTUTHAVALM P.O., UPPUTHARA, IDUKKI DIST BY ADV. SRI.K.S.MOHAMED HASHIM RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO.9260 OF 2011 -------------------------- Dated this the 23rd 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.78/2010 of Udumbanchola Excise Range for offences punishable under Sections 55(a) and 67(B) of the Kerala 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, the petitioner is directed to surrender before the Investigating Officer, who, after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of, as far as possible, on the same day provided, due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge