IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 8563 of 2011() ---------------------------------- CRMP.2638/2011 of DIST & SESSIONS COURT, ALAPPUZHA CRIME NO.66/2011 OF CHERTHALA EXCISE RANGE .................... PETITIONER/1ST ACCUSED -------------------------------- SUBHAGAN @ KUNJUMON, KARIYIL HOUSE, MARARIKKULAM NORTH VILLAGE, KANICHUKULANGARA PO, CHERTHALA, ALAPPUZHA. BY ADVS. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.M.KISHORKUMAR SRI.NAVIN M.EASOW RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATE OF KERALA, REPRESENTING EXCISE INSPECTOR, CHERTHALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8563 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.66/2011 of Cherthala Excise Range for offences punishable under Sections 55(g), 8(1) and (2) of the Kerala Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, petitioner seeks an order directing the respondent to release him on bail in the event of arrest, with a plea that he is innocent of the allegations. 2. Having heard either side, I find that though the allegation is that the petitioner was engaged in the sale of illegal liquor, article seized is only 400 milli litres of Indian made Foreign Liquor. In the above circumstance, 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 conditions: 1) The petitioner shall report before the Investigating Officer at 10.am on every Thursday. B.A.No.8563 of 2011 2 2) Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer. 3) This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce him before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su