IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8562 of 2011() ----------------------------- CRMP.2529/2011 of DISTRICT & SESSIONS COURT, ALAPPUZHA .................... (CRIME NO.754/11 OF ALAPPUZHA SOUTH POLICE STATION) ....... PETITIONER/1ST ACCUSED: -------------------------------------------- MADHU, S/O.BHASKARAN, S.KARIYIL HOUSE, MARARIKKULAM NORTH VILLAGE, KANICHUKULANGARA P.O., CHERTHALA, ALAPPUZHA. BY ADVS. SRI.P.KRISHNA KUMAR (ALAPPUZHA), SRI.M.KISHORKUMAR, SRI.NAVIN M.EASOW. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- THE STATE OF KERALA, REPRESENTING EXCISE INSPECTOR, CHERTHALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8562 OF 2011 -------------------------- Dated this the 2nd day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.745/2011 of Alappuzha South Police Station for offences punishable under Sections 55(a), (i) & (g) and 8(1) & (2) of the Kerala 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 contraband was seized from the courtyard of the second accused and that the quantity involved is 400 ml. Of arrack and 3 litres of wash. It is also reported that the petitioner was not involved in any earlier crime. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The B.A. NO. 8562 OF 2011 2 Investigating Officer, after interrogation and recovery, if any, shall release the petitioner on bail on executing a 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. Petitioner shall report before the investigating Officer for interrogation as and when required. 2. Petitioner 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. Petitioner shall not leave Alappuzha District without previous permission. 4. This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce him before the Magistrate concerned. P.S.GOPINATHAN, JUDGE amk