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. 8848 of 2011() ------------------------------------------- (CRIME NO.140/2002 OF ADOOR EXCISE RANGE) ........... PETITIONER/ACCUSED: -------------------------------------- PADMAKSHIAMMA, AGED 60 YEARS, W/O.DAMODHARAN UNNITHAN, KEEZHEKKIZHAKKETHIL, KOODAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.M.T.SURESHKUMAR, SRI.V.V.RAJA. RESPONDENT(S): STATE: -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------------- B.A.No.8848 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Apprehending arrest, detention and torture at the hands of the Investigating Officer in Crime No.140 of 2002 of Adoor Excise Range, for offences punishable under Sections 8(1) (2) and Section 55(a) of Kerala Abkari Act, this petition is filed by the accused, under Section 438 of the Code of Criminal Procedure, 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, it is revealed that the crime was comitted on 19/12/2002. According to the learned Public Prosecutor, the investigation was complete and a final report was filed before the Judicial Magistrate of the First Class, Adoor. In the above circumstance, the allegation of the petitioner that, she would be arrested and tortured at the hands of the Investigating Officer has no basis. Petitioner had got sufficient opportunity to apply for regular bail, but not chosen to do so. In the result, this petition is disposed of with direction to the petitioner to apply for regular bail. P.S.GOPINATHAN, JUDGE su