IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 Bail Appl..No. 2620 of 2008 ------------------------------------ (EXCISE CRIME NO. CR 11/2008 OF EXCISE RANGE OFFICE, ERNAKULAM) PETITIONER ------------------ SHAHID AKHTAR, PURCHASE MANAGER, JET AIRWAYS (INDIA) LTD., S.M.CENTRE, ANDHERI, KURLA ROAD, MUMBAI. BY ADV. SRI.T.A.SHAJI RESPONDENTS: COMPLAINANT: ----------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE CIRCLE INSPECTOR OF EXCISE, O/O.THE CIRCLE INSPECTOR OF EXCISE, ERNAKULAM). BY PUBLIC PROSECUTOR SRI. C K. SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 2620 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of April, 2008. O R D E R At this stage what is seen from the notice issued as Annexure A is to direct the petitioner concerned to give evidence before the Circle Inspector of Excise. It is very clearly mentioned there that he is directed to appear on 4.4.08 to give evidence. With that one cannot apprehend a case of arrest. Therefore an application under Section 438 Cr.P.C. cannot be entertained at this stage. The Bail Application is disposed of accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy] P.A. to Judge.