IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9447 of 2011() ------------------------------------- CRIME NO.86/2011 OF NILAMBUR EXCISE RANGE, MALAPPURAM DISTRICT .................. PETITIONER/ACCUSED: ----------------------------------- RAFEEK M.T., S/O.KUNJU MOHAMMED, MANJERITHODI HOUSE, CHULLYODE DESOM, AMARAMBALAM VILLAGE, NILAMBUR TALUK. BY ADVS. SRI. S. RAJEEV SMT. DALBY IMMANUEL P. RESPONDENT(S) / STATE: ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 86/2011 OF NILAMBUR EXCISE RANGE, MALAPPURAM DISTRICT). 2. EXCISE INSPECTOR, NILAMBUR EXCISE RANGE, (CR NO.86/2011) PIN 679 330. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV P.S.GOPINATHAN, J ---------------------------------- B.A.No.9447 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the sole accused in C.R.No.86/2011 of Nilambur Excise Range for offence punishable under Section 58 of Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondents to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. Having heard on either side, I find that the case was registered in connection with the recovery of 6.875 litres of foreign liquour from a house, which is said to be in possession of the petitioner. The petitioner disowns the possession of the house. However, the matter requires interrogation and further investigation. In the above circumstances, I dispose this petition with direction to the petitioner to surrender before the Investigating Officer, who after interrogation,shall release the petitioner on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: B.A.No.9447 of 2011 2 1) The petitioner shall report before the Investigating Officer for at 10 am on every Thursday. 2) Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer. 3) Petitioner shall not leave Malappuram District without the previous permission of the Investigating Officer. P.S.GOPINATHAN, JUDGE su