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. 8612 of 2011() EXCISE O.R. NOT KNOWN OF KONNI EXCISE RANGE ----------------------------- PETITIONER/ACCUSED --------------------------------- BHANUMATHI, AGED 80 YEARS, USHAMANDIRAM, KARIMKUDUKKA, MURINJAKAL P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- 1. THE EXCISE INSPECTOR, KONNI EXCISE RANGE, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S.GOPINATHAN, J. ---------------------------- B.A.No.8612 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. 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 petitioner on bail in the event of arrest with a plea that she is innocent of the allegations. 2. The learned Public Prosecutor, after taking instruction, submitted that the petitioner is the accused in Crime No.69/2011 and that the petitioner was found possessing 5 litres of illicit arrack. Taking into account of the nature of the offence, I find that, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall produce the petitioner before the Magistrate concerned, so as to enable her to apply for regular bail, which the Magistrate shall dispose of, as far as B.A.No.8612/2011 2 possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) ps/23/11