IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 7232 of 2011() ------------------------------------------ (CRIME & OCCURRENCE REPORT NO.24/2011 OFNJARAKKAL EXCISE RANGE ) ..... PETITIONERS/ACCUSED NOS.1 & 2: ------------------------------------------------------- 1. SOMAN, S/O.ACHUTHAN, KAPPALLY HOUSE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT. 2. SUNIL KUMAR, S/O. REGHU, KOLLERITHARA HOUSE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT. BY ADVS. DR.K.P.SATHEESAN, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY, SRI.ANOOP.V.NAIR. RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE EXCISE INSPECTOR, NJARAKKAL EXCISE RANGE, ERNAKULAM DISTRICT, PIN-682 505. R1 & R2 BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ---------------------------- B.A.No.7232 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 and 2 in Crime No.24/2011 for offences punishable under Sections 57(a) and 56(b) of the Abkari Act read with Rule 9(2) of the Abkari Shops Disposal Rules, 2002. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent 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, it is revealed that offending factor is the presence of starch in toddy. In the above circumstance, I find no reason to decline the relief to the petitioners. In the result, this petition is allowed. 3. The petitioners shall report before the Investigating Officer within a week. The Investigating Officer after interrogation shall release the petitioners on bail on executing a B.A.No.7232/2011 2 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) Petitioners shall report before the Investigating Officer for interrogation 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 him from disclosing such facts to the Court or to any police officer. 3) Petitioners shall not leave Ernakulam District without the previous permission of the Court. 4) Petitioners shall not commit any offence while on bail. 5) 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 petitioners and produce them before the Magistrate concerned. (P.S.GOPINATHAN, JUDGE) ps/23/11