IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9280 of 2011() ----------------------------- (CRIME NO.58/2011 OF ALAPPUZHA EXCISE RANGE) ----------- PETITIONERS/ACCUSED 1 & 2 ---------------------------------- 1. SANTHAPPAN, MUZANAYIL HOUSE, CHETTIKAD, PATHIRAPPALLY VILLAGE, AMBALAPPUZHA, ALAPPUZHA. 2. P.AJEESH, THAYYIL HOUSE, PATHIRAPPALLY DESOM, AMBALAPPUZHA, ALAPPUZHA. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENT(S)/COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, ALAPPUZHA RANGE, ALAPPUZHA. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------------- B.A.No.9280 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused in Crime No.58/2011 of Alappuzha Excise Range for offences punishable under Sections 56(b) and 57(a) of Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondents to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, I find that the case relates the seizure of a toddy from the shop run by the petitioners. In the analysis report, it is reported that the toddy contained added starch. No other noxious substance was detected. In the above circumstance, I find that it would be appropriate to direct the respondents to release the petitioners on bail. B.A.No.9280 of 2011 2 Therefore, this petition is allowed. The petitioners are directed to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall release the petitioners 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 petitioners shall report before the Investigating Officer as and when required. 2) Petitioners 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 them from disclosing such facts to the Court or to any police officer. 3) Petitioners shall not leave Alappuzha District without the previous permission of the Investigating Officer. 4) This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce him before the Magistrate concerned. Su P.S.GOPINATHAN, JUDGE