IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9257 of 2011() ---------------------------------- (CRIME NO.86/2011 OF AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT) .... PETITIONER/ACCUSED --------------------------- SUMATHY, D/O.DAKSHAYANI AGED 62 PADAPPI THOTTAM PULLUVILA VEETTIL, ANVAOOR DESOM, ANAVOOR VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S):ACCUSED -------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J. ---------------------------- B.A.No.9257 OF 2011 ----------------------------- Dated this the 30th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the sole accused in C.R.No.86/2011 of Amaravila Excise Range for offences punishable under Sections 8(1) and (2) of Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent 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 the petitioner is earlier involved in another crime as C.R.No.62/2009. In the above circumstance, I find that this is not a fit case to invoke jurisdiction under section 438 of the Code of Criminal Procedure. 3. In the result, this petition is disposed of with direction to the petitioner to surrender before the committed court to apply for regular bail, which the learned Magistrate B.A.No.9257/2011 2 shall dispose of on merits, as far as possible, on the same day, provided due notice is given to the Assistant Public Prosecutor. The learned counsel for the petitioner submitted that the petitioner is entitled to regular bail in the light of the decision in Sukumary v. State of Kerala [2002(1) KLT 22]. The petitioner is at liberty to present the matter before the learned Magistrate while arguing the bail application. (P.S.GOPINATHAN, JUDGE) ps/30/11