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. 8926 of 2011() ----------------------------- (CRIME NO.459 OF 2011 OF MANGALAPURAM POLICE STATION THIRUVANANTHAPURAM DIST. -------- PETITIONERS/ACCUSED --------------------------- 1. CHANDRAN, S/O. GOPALAN, MANNTHODIYIL PANAYIL VEEDU, MURUKKUMPUZHA, THIRUVANANTHAPURAM. 2. VINOD, S/O. NARAYANAN, THEKKEVILAKOM, VAVA COLONY, THALAMUKKU, MURUKKUMPUZHA, THIRUVANANTHAPURAM. 3. ANI, S/O. SANKU, SREEPADAM, COLONY, KARICHARA, PALLIPURAM.P.O, THIRUVANANTHAPURAM. 4. PODIYAN @ BIJU, S/O. VISWANATHAN, THEKKUMBHAGATHU VEEDU, MURUKKUMPUZHA, THIRUVANANTHAPURAM. 5. MOHANAN, S/O. SOMAN, VAVA COLONY, THALAMUKKU, MURUKUMPUZHA, THIRUVANANTHAPURAM (THE PETITIONERS 1 TO 3 ARE ACCUSED NUMBERED 3, 5 AND 6. THE RANK OF PETITIONERS 4 AND 5 ARE NOT KNOWN) BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT/COMPLAINANT STATE AND INVESTIGATING OFFICER. ---------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------- B.A. NO.8926 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition is filed under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 3, 5 and 6 in Crime No: 459/2011 of Mangalapuram Police Station for offence punishable under Section 379 r/w 34 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation 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 interrogation of the petitioners is warranted. In the above circumstance, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. 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 B.A. NO.8926 OF 2011 2 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 them from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave Thiruvananthapuram 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 petitioners and produce them before the Magistrate concerned. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge