IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8156 of 2011() ---------------------------------- (CRIME NO.100/2011 OF THE KAYAMKULAM EXCISE RANGE, ALAPPUZHA DISTRICT) ....... PETITIONER/ACCUSED --------------------------- MOHANAN,S/O.SIVARAMAN, CHANDRABHAVAN, PATHIYOOR P.O., KAYAMKULAM. BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8156 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petitioner is the accused in Crime No.100/2011 of Kayamkulam Excise Range for offences under Sections 8(1), (2) and 55(g) of the Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is 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 the Govt. Pleader, it is revealed that from the house of the accused, 10 liters of arrack and 20 litres of wash were recovered. In the above circumstance, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with direction to the petitioner 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 regular bail, which the Magistrate shall dispose of on merits without delay provided sufficient notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk