IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8567 of 2011() ----------------------------------------- CRIME NO.46/2011 OF KONNI EXCISE RANGE, PATHANAMTHITTA DISTRICT. ................... PETITIONER/ACCUSED ---------------------------------- RAJU, S/O. JOSEPH, MEKKANNAMBHAGATH PLAVILAVADAKKETHILVEETIL, THANNITHODE VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR, SRI.V.V.RAJA. RESPONDENT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8567 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.46/2011 of Konni Excise Range for offences under Sections 55(g) of Kerala Abkari Act. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks 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, it is revealed 660 litres of wash was seized from the nearest forest area. On the basis of the statement given by the neighbours, the petitioner was implicated. Having due regard to the nature of the offence, I find that 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 learned Magistrate shall dispose of, as far as possible, on the same day itself provided due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk