IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9445 of 2011() ----------------------------------------- CP.44/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVOOR O.R.NO.3/2004 OF CHATHANNOOR EXCISE RANGE .................... PETITIONER/ACCUSED NO.4 --------------------------------------------- SUNILKUMAR,S/O.RAVEENDRAN,AGED 39 YEARS, POYKAYIL VEEDU,(SILPA NIVAS),THAZHAM,THEKKU CHERRY, CHIRAKKARA VILLAGE,CHATHANNOOR,KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COMPLAINANT AND STATE -------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR,CHATHANNOOR EXCISE RANGE,CHATHANOOR,KOLLAM DISTRICT-691 001. R1 & R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J ---------------------------------- B.A.No.9445 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 4th accused in O.R.No.3/2004 of Chathannoor Excise Range, pending as C.P.No.44/2011 before the Judicial Magistrate of the First Class Paravoor, for offences punishable under Sections 55 (a), 58 and 67(b) of the Kerala Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondents 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, it is revealed that non bailable arrest warrant issued from the Committal Court is pending against the petitioner. Other accused were already on bail. It appears that since the petitioner refused to respond to the process issued, the Committal Court was persuaded to issue arrest warrant. I find that no judicial proceedings is liable to be interdicted by an order under Section 438 of the Code of Criminal Procedure. In the above circumstance, I dispose of this petition with direction to the petitioner to surrender before the Committal Court and to apply for regular bail, which the learned Magistrate shall dispose of, if possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, su JUDGE