IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8809 of 2011() ----------------------------------------- CR. NO.108/2011 OF NOORANAD EXCISE RANGE, ALAPPUZHA. ............. PETITIONER/ACCUSED NO.2 ------------------------------------------ MANIYAN SWAMI @ MANIYAN, THAZHATHEPADEETATHIL, MEENATHERIL, ERUMAKUZHI MURI, PALAMEL. BY ADV. SRI.SUNI M.D., SMT.ANITHA M.N. (EKM). RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8809 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No.108/2011 of Nooranad Excise Range for offence punishable under Section 55(a) of the Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed 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 allegation. 2.Having heard either side, I find that contraband involved is 400ml of arrack in a plastic bottle of about 1.5 litre capacity and the first accused has already got a similar relief. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, The Investigating Officer 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 condition: 1) The petitioner shall report before the Investigating Officer or before Court as and when required. P.S.GOPINATHAN, su JUDGE