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. 8864 of 2011() ------------------------------------------ CR.NO.49/2011 OF AMARAVILA EXCISE RANGE (THIRUVANANTHAPURAM DISTRICT). ....... PETITIONER:ACCUSED: --------------------------------------- SUJATHA,AGED 52 YEARS, D/O.BHAGAVATHY,MEKKUMKARA VEEDU, KAITHAKONAM,ANAVOOR VILLAGE,NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI.BLAZE K.JOSE, SMT.N.DEEPA, SMT.BINDU B.NAIR. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING EXCISE INSPECTOR OF POLICE, AMARAVILA EXCISE RANGE. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------------- B.A.No.8864 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.49/2011 of Amaravila Excise Range for offence punishable under Section 55(i) 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 she is innocent of the allegations. Having heard either side, I find that the petitioner was caught red handed with 1.5 litres of foreign liquor while in the process of sale. But she was not arrested or taken into custody as there were no women constables. It is seen that, the Investigating Officer had no intention to have unlawful detention or torturing the petitioner. Therefore, this petition is disposed of with direction to the petitioner to surrender before the Judicial First Class Magistrate, Neyyattinkara and apply for regular bail, which the learned Magistrate shall dispose of , on the same day, provided, due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su