IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 10123 of 2011() ------------------------------------------ CRIME NO.54/2011 OF KUMBLA EXCISE RANGE ----------------- PETITIONER/ACCUSED -------------------------------------- NARAYANAN, AGED 48 YEARS, S/O. MALINGA, R/AT SOORANILA, LAKSHAMVEEDU COLONY, P.O.EDANAD, KUMBLA VIA, KASARAGOD DISTRICT. BY ADV. SRI.T.B.SHAJIMON SRI.GOVINDU.P.RENUKADEVI RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KUMBLA EXCISE RANGE, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J ---------------------------------- B.A.No.10123 of 2011 ------------------------------------ Dated this the 16th day of December, 2011. ORDER Apprehending arrest, detention and torture at the hands of the Excise Officials in Crime No.54/2011 of Kumbla Excise Range for offence punishable under Section 55(a) of the Abkari Act, petitioner, who is the accused has filed this petition under Section 438 of the Code of the Criminal Procedure, 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 allegation. 2. Having heard either side, it is seen that the petitioner is alleged to be a person one among many handling 20 bottles of Indian Made Foreign liquor. Seeing the excise party, all the persons, including the petitioner, who was handling the contraband took to their heels. Though, it is stated that the petitioner was identified by the witnesses, it is not mentioned as to who identified and no statement of any witness is seen recorded. In the above circumstance, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who after interrogation and identification by the witness, 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 condition: B.A.No.10123 of 2011 2 1) The petitioner shall report before the Investigating at 10.am on every Friday. 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. P.S.GOPINATHAN, JUDGE su