IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 7659 of 2011() ----------------------------- CRIME NO.527/2011 OF VARANTHARAPPILLY POLICE STATION, THRISSUR .................... APPLICANTS/ ACCUSED 1,3,&6: ------------------------------------------- 1. SAHEEB, AGED 36 YEARS, S/O.KUNJUMOIDEEN, MULAMBARAMBIL HOUSE, PUDIYAKAVU, MATHILAKAM, THRISSUR DISTRICT. 2. SIDDIQUE, AGED 36 YEARS, S/O.ALI, KUNJALIPARAMBIL HOUSE, KATTUNGACHIRA, NEAR IRINJALAKKUDA POLICE STATION, THRISSUR DISTRICT. 3. SAKEESH, S/O.VELAYUDHAN, KARAMBATH HOUSE, OORAKAM VILLAGE, PANAMKULAM DESOM, KARIVANNOOR, THRISSUR. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SI OF POLICE, VARANTHARAPPILLY POLICE STATION. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Scl. P.S.GOPINATHAN, J ---------------------------------- B.A.No.7659 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused nos.1, 3 and 6 in Crime No.527/2011 of Varantharappilly Police Station in Thrissur District for offences punishable under Sections 406, 420, r/w. Section 34 of 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. Having heard either side, including the learned counsel who appeared for the defacto complainant, it is revealed that the allegation is regarding the parting of money for re-opening a Company. Neither the Company was started nor the money was returned. So far no document was detected out by the Investigating Officer, B.A.No.7659 of 2011 2 though the crime occurred long back and the case was registered as early as 3/8/2011. The Government Pleader submits that the documents are yet to be recovered and that the recovery of documents can be made only after interrogation of the petitioners. The submission appears convincing. 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 and recovery of any document or material object, shall produce the petitioners before the Judicial First Class Magistrate, Iringalakkuda so as to enable the petitioners to apply for regular bail which the learned magistrate shall dispose of, as far as possible, on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su