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. 8006 of 2011() ----------------------------- (CRIME NO.60/2011 OF EXCISE INSPECTOR, UDUMBANCHOLA) --------- PETITIONER/ACCUSED NO.2 -------------------------------- KUNJU,S/O.VARGHESE,ODAVELIL HOUSE, CHACKAKKANAM KARA,KALKUNTHAL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S)/COMPLAINENT ------------------------------------ 1. EXCISE INSPECTOR UDUMBANCHOLA, NEDUMKANDAM,IDUKKI DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM 31. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------- B.A. NO.8006 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No.60/2011 of Excise Office, Udumbanchola for offences punishable under Sections 55(a) and (i) of 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 petitioners on bail in the event of arrest with a plea that he is innocent of the allegations. 2. 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 Magistrate shall dispose on merit, without delay, provided sufficient notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk