IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8455 of 2011() ----------------------------------------- CRIME NO.384/2011 OF SHORNUR POLICE STATION, PALAKKAD DISTRICT. .................... PETITIONER/ACCUSED ----------------------------------- GIREESH, S/O. KRISHNANKUTTY, AGED 32 YEARS, PALUTHODY, KAILIYADU, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION (CRIME NO.384/2011) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8455 OF 2011 -------------------------- Dated this the 25th 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.384/2011 of Shornur Police Station for offences punishable under Sections 8(1) and 8(2) 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. The offence alleged is on 5-8-2011. The Public Prosecutor submitted that the investigation is already over and final report is submitted. The learned counsel for the petitioner submitted that now it is known that the case is pending as C.P.97/2011 before the JFCM-I, Ottappalam and that the petitioner had received summons to appear before the committal Court. In the above circumstance, I find no merit in the apprehension regarding arrest and torture by the Investigating Officer. The petitioner is in liberty to apply for regular bail. In the result, this petition is dismissed with liberty to the petitioner to appear before the committal court and apply for regular bail. P.S.GOPINATHAN, JUDGE amk