IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 8305 of 2011() ----------------------------- C.R. NO.48/11 OF THE BADIYADUKA EXCISE RANGE, KASARGOD DIST. ------------ PETITIONER /ACCUSED --------------------------- DUGGAPPA GOUDA, S/O. SIVANNA GOWDA, AGED 50 YEARS, VOLTHAJE HOUSE, DELAMPADI VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT/STATE & COMPLAINANT ------------------------------------------ STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, BADIYADUKA RANGE, KASARAGOD, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSIN ON 15.11.2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8305 OF 2011 -------------------------- Dated this the 15th day of November, 2011. O R D E R The petitioner is the accused in Crime No.48/2011 of Badiyaduka Excise Range, Kasaragod for offence under Section 55 (a) of Kerala Abkari Act. Apprehending, arrest, detention, torture at the hands of the investigating officer, the petitioner seeks an order directing the investigating officer to release him on bail in the event of arrest. Though, having regard to the nature of the offence, I am not inclined to exercise the jurisdiction of this Court under Section 438 of the Code of Criminal Procedure, taking note that regarding the identity of the offender, there is no statement given by any of the witnesses who are alleged to have witnessed the incident, I find that it would be just and appropriate to direct the investigating officer to release the petitioner on bail in the event of arrest on the following conditions :- 1. The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the investigating officer. B.A. NO. 8305 OF 2011 2 2. He shall report before the investigating officer at 10.00 AM on every Tuesday. 3. He shall not leave the revenue district of Kasaragod. This order shall be valid for a period of one month with which period petitioner shall apply for regular bail. P.S.GOPINATHAN, JUDGE amk