IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9162 of 2011() ---------------------------------------- CR. NO.36/2011 OF CHERTHALA EXCISE, ALAPPUZHA DISTRICT. ................... PETITIONER ------------------- PRASAD, AGED 50 YEARS, S/O.PADMANABHAN, MANNAMPARAMPIL, WARD NO.X, THALAVADY, KUTTANADU TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.C.V.MANUVILSAN, SRI.P.G. SURESH, SMT.K. VIDYA MANUVILSAN, SRI.RAJAN VISHNURAJ. RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EDATHUA, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ' Crime No.36/2011 of Cherthala Excise Range, Alappuzha District ' occurring in the cause title of the order dated 25/11/2011 in BA.9162/2011 is corrected and substituted as ' Crime No.306/2011 of Edathua Police station', vide order dated 12/12/2011 in Crl.M.A.8172/2011 in BA.9162/2011. Sd/- Assistant Registrar rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.9162 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.36/2011 of Cherthala Excise Range, for offence punishable under Section 55(a) 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 allegation. 2. Having heard either side, it is seen that the case was registered on finding that the petitioner was keeping 8.5 litres of arrack for sale. In the above circumstance, with due regard to 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 dismissed with direction to the petitioner to surrender before the Investigating Officer, who after interrogation and recovery, if any, shall produce the petitioner before the Magistrate concerned so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits. P.S.GOPINATHAN, JUDGE su B.A.No.9162 of 2011 2 “Crime No.36/2011 of Cherthala Excise Range” occurring in the 2nd line of paragraph 1 of the order dated 25/11/2011 in B.A.9162/2011 is corrected and substituted as “Crime No.306/2011 of Edathua Police Station” vide order dated 12/12/2011 in Crl.M.A.8172/2011 in B.A.9162/2011. Sd/- Registrar (Judicial)