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. 9555 of 2011() ----------------------------- CRIME NO.97/2010 OF EXCISE INSPECTOR, UDUMBANCHOLA RANGE. PETITIONER(S):/ACCUSED NO.2 ------------------------------------------ M.S.BIJU, S/O.SADANANDAN, MAKKAPUZHAYIL HOUSE, MATTUTAVALM.P.O., UPPUTHARA, IDUKKI DISTRICT. BY ADVS. SRI.K.S.MOHAMED HASHIM SMT.CAROLIN SINDHU VAZ SMT.S.SEEJA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9555 OF 2011 -------------------------- Dated this the 16th day of December, 2011. O R D E R Petitioner is the second accused in Crime No.97/2010 of Udumbanchola Excise Range for offence punishable under Section 55(a) of Kerala Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigation Officer, this petition is filed under Section 438 of the Code of Criminal Procedure, 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 either side, the petitioner is directed to surrender before the 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, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge