IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 9338 of 2011(D) ------------------------------------------ [CRIME NO.56/2011 OF KUTTANAD EXCISE RANGE, ALAPPUZHA DISTRICT] ................. PETITIONER/ACCUSED: ---------------------------------- VALSALA, W/O.LATE NARAYANAN , NAMPALASSERIL, ERUPATHILCHIRA HOUSE THALAVADY SOUTH, THALAVADY VILLAGE,KUTTANAD. BY ADVS. SRI.C.V.MANUVILSAN, SRI. P.G. SURESH, SMT.K. VIDYA, SRI. R. VISHNURAJ. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KUTTANAD EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. N. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.9338 of 2011 ------------------------------------ Dated this the 16th day of December, 2011. ORDER Petitioner, who is the accused in Crime No.56/2011 of the Kuttanad Excise Range for offences punishable under Sections 8(1) and 8(2) of Kerala Abkari Act, apprehending arrest, detention and torture at the hands of the respondent has come with this petition under Section 438 of the Code of the Criminal Procedure, seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that she is innocent of the allegations. 2. Having heard either side, it is seen that the petitioner was caught red handed on 20/10/2011 with 2 litres of illicit arrack. Since there was no woman constable, the petitioner was not arrested. Till date, there was no attempt by the respondent to arrest the petitioner. Therefore, there is no merit in the submission that the petitioner would apprehend arrest or detention at the hands of the respondent. In the above circumstance, this petition is disposed of with direction to the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su