IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 7807 of 2011() ----------------------------- (CRIME NO.363/2011 OF ATHIRAPPILLY POLICE STATION, THRISSUR DIST.) .................... PETITIONERS/ACCUSED NO.1 TO 5 ------------------------------------- 1. VIPIN P.V, AGED 25 YEARS,S/O.VIJAYAN, PUNJAPPARAMBIL, P.O VETILAPPARA. 2. V.K.JAYESH,AGED 25 YEARS, S/O.KRISHNANKUTTY,VAKKADAYIL P.O, VETTILAPPARA. 3. SREELA K.V,AGED 25 YEARS,S/O.BADRAN, KATTUKANDATHIL, P.O VETTILAPPARA. 4. JAYAN K.M, AGED 30 YEARS,S/O.MOHANDAS, P.O VETTILAPPARA. 5. SABU, AGED 26 YEARS, S/O.ALSHONSA, INIKKAL,P.O , VETTILAPPARA. BY ADV. SRI.NIREESH MATHEW RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ATHIRAPPILLY POLICE STATION,THRISSUR DISTRICT REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR, SMT.S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.11.2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.7807 OF 2011 ---------------------------- Dated this the 17th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner are the accused Nos. 1 to 5 in Crime No. 363/2011 of Athirappilly Police Station for offences punishable under Sections 143, 147, 148, 324 and 308 read with 149 I.P.C. 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 petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, I find that, the injury sustained to the defacto complainant is only a lacerated injury. In the above circumstance, I find that this is a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, I find that the petitioners can be released on bail on conditions. In the result, this petition is allowed. B.A.No.7807/2011 2 3. The petitioners shall report before the Investigating Officer within a week. The Investigating Officer, after interrogation, shall release the petitioners 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) Petitioners shall report before the Investigating Officer for interrogation as and when required. 2) Petitioners 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) Petitioners shall not leave Thrissur District without the previous permission of the Court. 4) Petitioners shall not commit any offence while on bail. 5) This order shall be in force for a period of one month, within which period the petitioners 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) ps/21/11